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HomeMy WebLinkAbout24853AGREEMENT INFORMATION AGREEMENT NUMBER 24853 NAME/TYPE OF AGREEMENT FLORIDA PUBLIC EMPLOYEES' COUNCIL 79 AFSCME, AFL- CIO, LOCAL 871 DESCRIPTION COLLECTIVE BARGAINING AGREEMENT/OCTOBER 1, 2023 - SEPTEMBER 30, 2026 EFFECTIVE DATE October 10, 2023 ATTESTED BY TODD B. HANNON ATTESTED DATE 2/21/2024 DATE RECEIVED FROM ISSUING DEPT. 3/8/2024 NOTE aOs53 AGREEMENT BETWEEN CITY OF MIAMI, MIAMI, FLORIDA AND FLORIDA PUBLIC EMPLOYEES' COUNCIL 79, AFSCME, AFL-CIO, LOCAL 871 October 1, 2023 - September 30, 2026 ARTICLE PAGE AGREEMENT 4 PREAMBLE 5 RECOGNITION 1 6 REPRESENTATION OF THE CITY 2 7 REPRESENTATION OF THE UNION 3 8 MANAGEMENT RIGHTS 4 10 NO STRIKE 5 11 DUES CHECK OFF 6 12 GRIEVANCE PROCEDURE 7 13 NOTICES 8 18 ATTENDANCE AT MEETINGS/ 9 19 EMPLOYEE, UNION TIME POOL SPECIAL MEETINGS 10 22 LABOR/ MANAGEMENT 11 23 COMMITTEE SAFE DRIVING 12 24 BULLETIN BOARDS 13 26 NO DISCRIMINATION 14 27 PROBATIONARY PERIOD 15 28 DISCIPLINARY PROCEDURES 16 29 ABSENTEEISM AND TARDINESS 17 31 LOSS OF EMPLOYMENT 18 33 LAYOFF AND RECALL 19 34 WAGES 20 35 OVERTIME/ COMPENSATORY 21 37 TIME/ CALL-BACK 2 VACATION 22 39 SHIFT DIFFERENTIAL 23 41 UNIFORM, SHOES, EQUIPMENT 24 42 LINE OF DUTY INJURIES 25 45 WORKING OUT OF CLASSIFICATION 26 48 GROUP INSURANCE 27 50 HOLIDAYS 28 55 RESERVED 29 57 SICK LEAVE 30 58 BEREAVEMENT -DEATH IN FAMILY 31 60 BLOOD DONORS 32 61 JURY DUTY 33 62 FAMILY LEAVE AND LEAVE WITHOUT 34 63 PAY INCARCERATED EMPLOYEES 35 65 WORK INCENTIVE PLAN 36 66 SUBSTANCE/ALCOHOL - 37 68 PERSONNEL SCREENING PREVAILING BENEFITS 38 76 ENTIRE AGREEMENT 39 77 PROVISIONS IN CONFLICT WITH LAW 40 78 TUITION REIMBURSEMENT 41 79 PENSION 42 81 MEMORANDUM OF 43 83 UNDERSTANDINGS ACCIDENT PREVENTION 44 84 COMMITTEE SENIORITY 45 85 TERM OF AGREEMENT 46 86 APPENDIX A 88 APPENDIX B 89 APPENDIX C 90 3 AGREEMENT This Agreement, entered into this l Oth day of October 2023, between the City of Miami (hereinafter referred to as the "City") and the Florida Public Employees Council 79, AFSCME, AFL-CIO, Local 871, (hereinafter referred to as the "Union"). 4 PREAMBLE WHEREAS, it is the intention of the parties to set forth herein the full Agreement between the parties concerning terms and conditions of employment which are within the scope of negotiations. NOW, THEREFORE, the parties do agree as follows: 5 Article 1 RECOGNITION 1.1. The bargaining unit is as defined in the Certification issued by the Florida Public Employees Relations Commission on November 1, 2000, (Certification No. 1304, Case No. RC-2000-032, EL-2000-037) which includes all the classifications listed in APPENDIX A of this Agreement. Any new classifications will be added pursuant to Chapter 447-FL. Statute, 6 Article 2 REPRESENTATION OF THE CITY 2.1. The City shall be represented by the City Manager or person designated in writing. The City Manager or designee shall have sole authority to conclude an Agreement on behalf of the City subject to ratification by an official resolution of the City Commission. It is understood that the City representative or representatives are the official representatives of the City for the purpose of negotiating with the Union. Negotiations entered into with persons other than those as defined herein, regardless of their position or association with the City, shall be deemed unauthorized and shall have no weight or authority in committing or in any way obligating the City. Accordingly, the Union, its officers, agents and bargaining unit members agree to conduct all business regarding wages, hours, and terms and conditions of employment, with the City Manager or designee. 7 Article 3 REPRESENTATION OF THE UNION 3.1. The bargaining unit shall be represented by a person or persons designated in writing to the City Manager or designee or the Director of Human Resources by the Union President or designee. The person or persons designated by the Union President shall have full authority to conclude an agreement on behalf of the Union, subject to a majority vote of those bargaining unit members voting on the question of ratification. It is understood that the Union President or designees are the official representatives of the bargaining unit for the purpose of negotiating with the City. Negotiations entered into with persons other than those as defined herein, regardless of their position or association with the Union shall be deemed unauthorized and shall have no weight or authority in committing or in any way obligating the Union or the City. The Union President will notify the City Manager or designee and the Director of Human Resources in writing of any changes of the designated Union representative. 3.2. For the purpose of meeting with the City to negotiate a collective bargaining agreement, the Union shall be represented by not more than four (4) bargaining unit members and not more than one (1) non -employee Union representative. The employee representatives will be paid by the City for time spent in negotiations, with no loss of pay or emoluments but only for the straight -time hours they would otherwise have worked on their regular work schedule. 3.3. The Union President or designee will be allowed to meet with bargaining unit members in the assembly room during the one-half (1/2) hour prior to "work call" on the condition that the Department Director or designee is advised one (1) working day prior to the proposed meeting. The bargaining unit members have the right to meet with the Union President or his designee on union business at any time during the individual employee's breaks. The Union President or designee shall not have access to the "work call" premises and in all areas unless the conditions set forth in this section are met. It is agreed by the parties the meetings referred to herein will not carry over beyond "work call" unless specifically approved by the Department Director or designee, nor shall they interfere with Management's right to direct the workforce. 8 3.4. The Department Director shall designate his or her designee(s) in writing to the Union President, and update those designation if necessary. 9 Article 4 MANAGEMENT RIGHTS 4.1. The Union agrees that the City has and will continue to retain, whether exercised or not, the sole and exclusive right to operate and manage its affairs in all respects. The rights of the City, through its management officials, shall be entitled to all rights identified in Section 447.209, Florida Statutes. These rights shall include, but shall not be limited to, the right to determine the organization of City Government, to unilaterally determine the purpose of each of its constituent departments; to unilaterally exercise control and discretion over the organization and efficiency of operations of the City; to unilaterally set standards for services to be offered to the public; to direct the employees of the City, including the right to assign work and overtime; to hire, examine, classify, promote, train or retrain, transfer, assign or reassign and schedule employees in positions with the City; to change employees' work schedules; to suspend, demote, discharge, or take other disciplinary action against employees for proper cause; to increase, reduce, change, modify or alter the composition and size of the work force, including the right to permanently or temporarily layoff, furlough or otherwise relieve employees from duties because of lack of work, funds, a material change in the duties or organization of a department; to determine the location, methods, means, and personnel by which operations are to be conducted, including the right to determine whether goods or services are to be provided or purchased; to establish, modify, combine or abolish job classifications and/or positions; to change or eliminate existing methods, equipment or facilities; to establish, implement and maintain an effective internal security program; and to establish rules, regulations and rules of conduct. 4.2. The City has the sole authority to determine the purpose and mission of the City, and to prepare and submit budgets to be adopted by the City Commission. 4.3. Those inherent managerial functions, prerogatives and policy -making rights which the City has not expressly modified or restricted by a specific provision of this Agreement are not in any way, directly or indirectly, subject to the Grievance Procedure contained herein. 4.4. If the City fails to exercise any one or more of the above functions from time to time, this will not be deemed a waiver of City's right to exercise any or all of such functions. 10 Article 5 NO STRIKE 5.1. "Strike" means the concerted failure to report for duty, the concerted absence of employees from their positions, the concerted stoppage of work, the concerted submission of resignations, the concerted abstinence in whole or in part by any group of employees from the full and faithful performance of their duties of employment with the City, participation in a deliberate and concerted course of conduct which adversely affects the services of the City, picketing or demonstrating in furtherance of a work stoppage, either during the term of or after the expiration of a collective bargaining agreement. 5.2. Neither the Union, nor any of its officers, agents and members, nor any bargaining unit members, covered by this Agreement, will instigate, promote, sponsor, engage in, or condone any strike, sympathy strike, slowdown, sick-out, concerted stoppage of work, picketing in furtherance of a work stoppage, or any other interruption of the operations of the City. 5.3. Each employee who holds a position with the Union occupies a position of special trust and responsibility in maintaining and bringing about compliance with this Article and the strike prohibition in Chapter 447, Part II, of the Florida Statutes, and the Constitution of the State of Florida, Article I, Section 6. Accordingly, the Union, its officers, and other representatives agree that it is their continuing obligation and responsibility to maintain compliance with this Article and the law, including their responsibility to abide by the provisions of this Article and the law by remaining at work during any interruption which may be initiated by others; and their responsibility, in event of breach of this Article or the law by other employees and upon the request of the City, to encourage and direct employees violating this Article or the law to return to work, and to disavow the strike. 5.4. Any or all employees who violate any provisions of the law prohibiting strikes or of this Article may be dismissed or otherwise disciplined by the City, and any such action by the City shall be appealable to Civil Service. 11 Article 6 DUES CHECK OFF 6.1 If at any point in the future the law allows for dues deductions, the parties agree to reopen this Article 6, only. 12 Article 7 GRIEVANCE PROCEDURE 7.1. A grievance is defined as a dispute involving the interpretation or application of the specific provisions of this Agreement or disciplinary actions beyond a written reprimand, except as exclusions are noted in other Articles of this Agreement. 7.2. A grievance shall refer to the specific provision or provisions of this Agreement that are alleged to have been violated. Any grievance not conforming to the provisions of this paragraph shall be rejected and considered conclusively and irrevocably abandoned. Oral and written reprimands/warnings/deficiencies shall not be considered grievable under this Agreement or the Civil Service Board. The grievance procedure set forth herein is only available to classified permanent employees. 7.3. Nothing in this Article or elsewhere in this Agreement shall be construed to permit the Union to process a grievance on behalf of any employee without the employee's consent, or to permit either the Union or an individual employee to process a grievance with respect to any matter which is the subject of a grievance, appeal, administrative action before a governmental board, commission or agency, or court proceeding brought by an individual employee or group of employees, or by the Union. The Parties agree that any complaint specifically regarding the interpretation or application of the Civil Service Rules and Regulations is only reviewable under the procedure currently set forth in Rule 16, Civil Service Rules and Regulations, and not under this Grievance Procedure. A request for review of complaints under Civil Service Rules 16.2 and 17 may only be made by employees with permanent status. Such reviews will be denied where the request does not cite the specific Civil Service Rule which is the basis of the complaint; where the issue is a matter subject to collective bargaining or where the request for review or investigation is received more than 30 days after the incident in question or knowledge thereof. 7.4. It is further agreed by the Union that employees covered by this Agreement shall make an exclusive election of remedy at Step Two of the Grievance procedure or prior to initiating action for redress in any other forum. Such choice of remedy will be made in writing on the form to be supplied by the City. 13 Should such election of remedy not be filed, the Union and the member agree and understand, that the grievance would be conclusively abandoned with no other recourse or appeal to Civil Service. The election of remedy form will indicate whether the aggrieved party or parties wish to utilize the Grievance Procedure contained in this Agreement or process the grievance, appeal or administrative action before an agency or court proceeding. Any selection of redress, other than through the Grievance Procedure contained herein shall preclude the aggrieved party or parties from utilizing said Grievance Procedure for adjustment of said grievance. 7.5. To simplify the Grievance Procedure, the number of "working days" in presenting a grievance and receiving a reply shall be based upon a five (5) day work week, Monday through Friday, not including City-wide holidays. Any grievance not processed in accordance with the time limits provided below, shall be considered conclusively abandoned. Any grievance not answered by Management within the time limits provided will advance to the next higher step of the Grievance Procedure. Time limits can only be extended by mutual agreement of the Union and Department Director or the Director of Human Resources or their designee(s). Such agreed to extensions shall be followed up in writing. 7.6. Grievances shall be processed in accordance with the following procedure: Step 1. The aggrieved employee shall discuss the grievance with the employee's immediate supervisor outside the bargaining unit within ten (10) working days of the occurrence which gave rise to the grievance. Such discussion shall be memorialized in writing by the aggrieved employee before proceeding to Step 2, and a copy forwarded to the Labor Relations Division of the Human Resources Department by the aggrieved employee. The Union representative shall be notified of all grievance meeting(s). Failure of the Union representative to attend shall not preclude the meeting from taking place. The immediate supervisor shall review the matter and shall verbally respond to the employee within ten (10) working days. Where a grievance is general in nature in that it applies to a number of employees having the same issue to be decided, or if the grievance is directly between the Union and the City, it shall be presented directly at Step 3 of the Grievance Procedure, within the time limits provided for the submission of a grievance in Step 1 and signed by the aggrieved employees or the Union representative on their behalf. The 14 Election of Remedy form as provided in Section 7.4 of this article shall be completed and attached to grievances presented directly at Step 3. Should such Election of Remedy not be filed, the Union and the member agree and understand, that the grievance would be conclusively abandoned with no recourse or appeal to Civil Service. Step 2 If the grievance has not been satisfactorily resolved at Step 1, the Union may pursue the grievance by a written appeal to the Department Director within ten (10) working days from the time the Step 1 response was issued or due (whichever occurs first). A facsimile transmittal is an appropriate means of notice for processing the grievance pursuant to Article 7 throughout all steps as long as it is followed up with hard copies and/or originals 3 days before the hearing date. Otherwise the grievance and/or administrative proceeding would be conclusively abandoned. The Department Director or designee shall meet with the Union representative and shall respond in writing to the Union within ten (10) working days from receipt of the written grievance. Step 3 If the grievance has not been satisfactorily resolved at Step 2, the Union may present a written appeal to the Director of Human Resources or designee within ten (10) working days from the time the Step 2 response was issued or due (whichever occurs first). The Director of Human Resources or designee shall hold a grievance hearing within ten (10) working days from receipt of written appeal with the Union representative and/or employee and shall respond in writing to the Union within ten (10) working days from the date of the hearing. Step 4 If the grievance has not been satisfactorily resolved within the Grievance Procedure, the Union may request a review by an impartial arbitrator provided such request is filed in writing with the Director of Human Resources, no later than fifteen (15) working days after the Director of Human Resources or designee's Step 3 response was issued or due (whichever occurs first). The arbitration proceeding shall be conducted by an arbitrator selected by the City and the Union. The selection process of the arbitrator 15 between the City and the Union shall take place within 20 days upon request by the Union, unless otherwise agreed to by the Parties. 7.7. All grievances must be processed within the time limits herein provided unless extended by mutual agreement in writing between the department and/or the Human Resources Department, and the Union. Any grievance not processed in accordance with the time limits provided above shall be considered conclusively abandoned. 7.8. The Parties to this Agreement will attempt to mutually agree upon an independent arbitrator. If this cannot be done, one will be selected from a panel or panels to be submitted by the American Arbitration Association (AAA) or the Federal Mediation and Conciliation Service (FMCS) as agreed to by the Parties, or an independent arbitrator agreed to by the parties. Any issue of timeliness of the grievance will be addressed in a separate, arbitration to be held before the arbitration on the merits of the case. The Parties agree that the arbitrator who decided the timeliness issue will not be selected to hear the case on the merits. 7.9. The arbitration shall be conducted under the rules set forth in this Agreement and under the rules of the American Arbitration Association, except as to the rule which authorizes an arbitrator to determine arbitrability, unless consented to by the Parties on the record. Subject to the following, the arbitrator shall have jurisdiction and authority to decide a grievance as defined in this Agreement. The arbitrator shall have no authority to change, amend, add to, subtract from or otherwise alter or supplement this Agreement or any part thereof or any amendment thereto. The arbitrator shall have no authority to consider or rule upon any matter which is stated in this Agreement not to be subject to arbitration or which is not a grievance as defined in this Agreement, or which is not specifically covered by this Agreement; nor shall this Collective Bargaining Agreement be construed by an arbitrator to supersede applicable laws in existence at the time of signing this Agreement. No arbitrator shall have jurisdiction to arbitrate any dispute arising under the terms of any executed settlement agreement between the City and the Union or between the City and any bargaining unit member(s). The Parties to this Agreement agree that the terms of any executed settlement agreement shall control the forum in which that particular settlement agreement may be enforced. 16 7.10. The arbitrator may not issue declaratory or advisory opinions and shall confine himself exclusively to the question which is presented to him, which question must be actual and existing. 7.11. It is contemplated that the City and the Union mutually agree in writing as to the statement of the matter to be arbitrated prior to hearing; and if this is done, the arbitrator shall confine their decision to the particular matter thus specified. 7.12. Each party shall bear the expense of its own witnesses of the arbitration including, court reporters and of its own representatives. The parties shall bear equally the expense of the impartial arbitrator, and the transcript of the arbitration hearing. The City agrees that the Union has no obligation to represent or file grievances on behalf of non -dues paying members. However, should any individual employee, not being represented by the union, bring a grievance under this Article, the employee shall be required to post a bond of an estimated one-half of the expenses of the hearing with the arbitrator before the hearing may be scheduled. This in no way relieves the Union of their obligation to pay the above stated fees, when the union files a grievance up through arbitration on behalf of a member. 7.13. Copies of the award of the arbitration made in accordance with the jurisdiction or authority under this Agreement shall be furnished to both parties within thirty (30) days of the hearing unless the arbitrator needs more time and shall be final and binding on both parties. 17 Article 8 NOTICES 8.1. The City of Miami agrees to provide to the Union the following notices or bulletins: City Commission Agenda, the Solid Waste Department draft budget to be presented to the City Commission, the Solid Waste Department final departmental budget and any other notices, bulletins, or material which the City Manager or designee determines would affect the terms and conditions of employment of the members of the Union. Such notices and estimates will be available for pickup by a Union representative at the City of Miami's Department of Human Resources, Labor Relations Division. 8.2. The Union shall be provided advance notice of all new employee orientations involving bargaining unit members and shall be allowed up to fifteen (15) minutes to speak thereat. 18 Article 9 ATTENDANCE AT MEETINGS/EMPLOYEE UNION TIME POOL 9.1. No Union Time Pool shall be charged for an individual attending to City Business. "City Business" shall be defined as, and limited to, attendance at regular meetings and special meetings of the City Commission, the Civil Service Board, the Equal Employment Opportunity Advisory Board and the Pension Plan Board. Only one (1) bargaining unit employee at a time shall be released on City Business, unless management authorizes the release of additional bargaining unit personnel. Union representatives or any other bargaining unit employees may use Union Time Pool in connection with attendance at any other meetings that are not included in the definition of City Business, be in accordance with Section 9.3 of this Article. For purpose of this Article, any attendance at any meeting that is not considered City Business shall be considered, and defined as, "Union Business." 9.2. A Union Time Pool is hereby authorized for use in connection with Union Business, subject to the following: A. Each fiscal year, the City agrees to provide a cumulative time pool bank of 3,750 hours to be used only for Union Business. Such Union Business shall include, but not be limited to, time spent directly representing employees in the bargaining unit; including, but not limited to, collective bargaining and grievance and discipline activities. Any unused hours shall be rolled over at the end of each fiscal year. B. The Union President shall complete the appropriate City provided form to request authorization from the Department Director or designee for an employee to use time from the Time Pool. This form shall be signed by the Union President and forwarded to the Department Director for approval a minimum of seven (7) calendar days prior to the time the employee desires such leave. The Department Director or designee shall forward the approved form to the Supervisor of the employee who is to use such time. A copy shall also be forwarded to the Human Resources Department. It is understood on rare occasions the seven (7) day time limit may not be met. The Union President or designee then shall forward a detailed explanation to the Department Director and the Director of Human 19 Resources as to why the seven (7) day rule was not met. Failure to submit the appropriate form may result in denial of the Union pool time. C. To qualify for Union Time Pool, bargaining unit members must be current employees (not relieved of duty for any reason) in good standing with the City. Employees shall be released from duty on Union Time Pool only if the needs of the service permit, as determined by the Department Director or designee, but such release shall not be unreasonably denied. If an employee cannot be released at the time desired due to the needs of the Solid Waste Department, the Union may request an alternate employee be released from duty during the desired time. D. In reporting an employee's absence as a result of utilizing the Union Time Pool, the daily attendance record shall reflect: (Authorized Leave) "Employee Doe on AL". E. Any injury received or any accident incurred by a bargaining unit member whose time is being paid by the Union Time Pool, or while engaged in Union Business, shall not be considered a line -of -duty injury, nor shall such injury or accident be considered to have been incurred in the course and scope of the bargaining unit member's employment by the City of Miami within the meaning of Chapter 440, Florida Statutes, as amended. F. Upon written request to the Department Director, the employee Union President, or designee, will be released for the term of this Agreement from regularly assigned duties for the City. The terms of this Agreement for such release are only to be implemented if the following qualifications are met by the Union: 1. The Union President, or a designee, will be reasonably available through the Union office currently located at 700 South Royal Poinciana Boulevard, Suite 700, Miami Springs, FL, 33166, or as may be otherwise advised in writing, for consultation with the Management of the City of Miami. 2. Only the employee Union President or a designee shall be released to attend meetings. 20 3. The Time Pool will not be charged for all hours during which the employee Union President is on off -duty release except that absence due to use of vacation leave, compensatory leave, or sick leave will be charged to the employee's leave accounts. Employees conducting Union Business shall not have that time counted as hours worked for purposes of overtime or compensatory time. 9.3. All applicable laws, rules, regulations and/or orders shall apply to any person released under the terms of this Article. Violations of the above -mentioned laws, rules, regulations and/or orders may subject the employee to disciplinary actions. 9.4. The City reserves the right to rescind the provisions of this Article in the event any portion of this Article is found to be illegal. Canceling the Article shall not preclude further negotiations of future employee pool time. 21 Article 10 SPECIAL MEETINGS 10.1. The City Manager, or designee, and the Union agree to meet and confer on matters of interest upon written request of either party. The written request shall state the nature of the matter to be discussed and the reason(s) for requesting the meeting. Discussion shall be limited to matters set forth in the request, and it is understood that these special meetings shall not be used to renegotiate this Agreement. Special meetings shall be held within fifteen (15) working days of the receipt of the written request and shall be held between 8:00 a.m. and 5:00 p.m., at a time and place designated by the City. The Union shall be represented by not more than five (5) persons at special meetings. One (1) of the employees shall be the person on full time release. 10.2. Release of an employee from scheduled work assignment for the purpose of attending a special meeting shall be made in accordance with ARTICLE 9, SECTION 2, of this Agreement. However, if the meeting is canceled by the City Manager or designee, no charge shall be made to the employee time pool. 22 Article 11 LABOR/MANAGEMENT COMMITTEE There shall be a Departmental Labor/Management Committee established in the Solid Waste Department of the City of Miami. Said Committee membership shall include representatives from management and bargaining unit members. 11.1. Either the City or the Union may request a Department Labor/Management Committee meeting, and such meeting shall be scheduled within fifteen (15) days from the date on which the meeting is first requested. The Departmental Labor/Management Committee shall meet at least once every two (2) months, and such meetings shall be scheduled during normal business hours. The purpose of these meetings will be to discuss health and safety issues, quality of work -life, productivity, service, acquisition of equipment, uniforms and tools, communication and objectives of mutual concern, not involving matters which have been or are the subject of collective bargaining between the parties. It is understood that these Departmental Labor/Management Committee meetings shall not be used to renegotiate the labor agreement between the City and the Union. All recommendations made by the Departmental Labor/Management Committee shall be by affirmative consensus and shall be forwarded as recommendations to the Solid Waste Director. The Solid Waste Director or designee, and/or the Union President and committee members, will provide the other with a written response outlining what actions will be taken if any with respect to the issues that were discussed by the committee within fifteen (15) working days unless the time frame is mutually extended by both parties. 11.2. The Departmental Labor/Management Committee meetings shall be conducted on an informal basis with the selection of a chairperson to be determined by the members of the Committee. Length of participation of Committee members shall be determined by the Departmental Labor/Management Committee. The chairperson shall arrange for minutes to be taken of the meeting and for the distribution of copies to each member of the Committee, Union Business Manager and the employee Union representative and the City's Labor Relations Officer. The minutes will also be made available at the Department of Human Resources, Labor Relations Division for review. However, anything related to health and safety shall be prioritized. 23 Article 12 SAFE DRIVING 12.1 In recognition of the policy to encourage safe driving, all bargaining unit employees who are regularly scheduled to drive city vehicles or operate Department equipment shall receive ten (10) hours of compensatory time for each annual period the driver is accident free. Accident free means that for this annual period the employee has not been ruled to be at fault. Any pending rulings will delay receipt of any award until that case has been resolved. The one (1) year annual period for measurement shall run from October 1st through September 30`i' of each year. Any hours awarded will be credited to the employee's compensatory leave bank within (2) weeks from the date the employee has not been ruled to be at fault for an annual period providing there is no pending determination of accident fault. Definition of Regularly Scheduled means: Assigned to a City vehicle or equipment for a period of ten (10) months within a Fiscal Year. Commencement of regularly scheduled assignment is the actual day assigned to drive a vehicle or operate Department equipment. Vacation, Compensatory and Holiday Time taken while assigned to driving a city vehicle or operating Department equipment shall count as work assigned to the driving a city vehicle or operating departmental equipment. However, Sick Leave, Disability, Illness of Family or working on Union Business are not counted as assigned to driving a vehicle or operating Department equipment. 12.2. All bargaining unit employees operating City vehicles shall have obtained the federally required commercial driver's license and endorsements as may be determined necessary by Management. Bargaining unit employees operating motorized vehicles in the Solid Waste Department shall have the required Florida Operator's License and/or endorsements in their possession at all times. Should the employee not have in his/her possession upon inquiry by the Department a valid license as required by the contract, he/she shall be disciplined. 24 12.3. Any employee whose driver license and/or endorsement(s) are revoked, suspended or restricted in any way by the State of Florida shall notify his/her supervisor immediately. Should the employee fail to notify the Department of a suspension, revocation, or restriction in writing as required by this contract he/she shall be subject to discipline. 12.4. Any employee whose driver license is revoked or suspended will be allowed to use vacation or compensatory time, or leave without pay for up to two weeks to correct the suspension or revocation. If the suspension or revocation is not corrected within that time the employee will be suspended without pay for a period of 30 days. If after the 30 days suspension without pay, the driver license suspension(s) or revocation is not corrected, the employee will be demoted to a non -driver classification if such a position is available. If no such position is available, the employee will be separated from employment. Future opportunities of promotion to a driver classification for the employee placed in a non - driver classification shall be in accordance with Civil Service Rules and Regulations. Employees who do not have a commercial driver's license and required endorsements shall not be eligible to work out of class in driver classifications. 25 Article 13 BULLETIN BOARDS 13.1. The City will provide for the use of the Union a glass enclosed locking bulletin board at the Solid Waste Department building and the Green Lab building. A key to the bulletin board will be kept by the Department Head or designee, and by the President of the Union. The bulletin board shall be used only for the following notices: A. Recreation and special affairs of the Union B. Union Meetings C. Union Elections D. Reports on Union Committees E. Contract Administration Information 13.2. Notices or announcements shall not contain anything political or reflecting adversely on the City or any of its officers or employees; notices or announcements which violate the provisions of this section shall not be posted. Notices or announcements posted must be dated and must bear the signature of the Union President or designee. In the event any material not comporting with this article is posted on the bulletin board, it shall be promptly removed by a representative of the Union or a representative of the City. 26 Article 14 NO DISCRIMINATION 14.1. The City agrees to continue its policy of not discriminating, harassing, bullying, or creating a hostile work environment against any employee because of age, race, religion, national origin, Union membership, disability, sexual orientation or sex. Any claim of discrimination, harassment, bullying, or creating a hostile work environment by an employee against the City, its officials or representatives, and any separation of employment due to a disability, or as the result of a fitness for duty evaluation and/or process shall not be grievable or arbitrable under the provisions of ARTICLE 7 - GRIEVANCE PROCEDURE, but shall be subject to the method of review prescribed by law or by rules and regulations having the force and effect of law. 14.2 Any employee who so desires has the option to file a complaint with the City's E.E.O.D.P. (Equal Employment Opportunity Diversity Program) office, provided that the employee must complete, sign and submit their complaint on a form supplied by the City. The Union shall not interfere with the right of employees covered by this Agreement to become or refrain from becoming members of the Union, and the Union shall not discriminate against any such employees because of membership or non -membership in any employee organization. 14.3. The filing of a charge of discrimination with any local, state, or federal agency by any bargaining unit member shall be seen as an election of remedy, and thus the underlying basis for the charge shall not be the subject to the grievance process. 27 Article 15 PROBATIONARY PERIOD 15.1. Employees hired into a classified Civil Service position shall have their date of hire changed to reflect their commencement as a classified Civil Service position and shall satisfactorily serve a probationary period of one (1) year of continuous service commencing with the date of entry into a permanently budgeted classification and prior to gaining permanent status in the classified service. Existing permanent classified Civil Service employees shall satisfactorily serve a probationary period of six (6) months, commencing with the date of promotion into a new permanently budgeted classified Civil Service position. 15.2. Probationary periods may be extended by the Department Director or designee for an additional period not to exceed six (6) months. The employee shall be advised in writing of the length of the extension and the reasons for it prior to the end of the employee's eleventh month of service; provided however that probationary period extensions shall not be reviewable or appealable to the Civil Service Board nor grievable under this Agreement; but shall only be subject to review by the Director of Human Resources or designee whose decision shall be final and binding on the employee and the Department. 28 Article 16 DISCIPLINARY PROCEDURES 16.1. When an employee has reasonable grounds to conclude that his participation in an investigatory interview will result in receipt of disciplinary action, the employee may request that the Union President or a City employee be present at the interview. The employee's representative shall confine his/her role in the investigatory interview to advising the employee of his/her rights. Upon request, the City will either grant the request and wait for the union representative (not obligated to delay the interview beyond two (2) hours), deny the request and end the meeting immediately or give the employee the choice of either ending the meeting or continuing without a representative. 16.2. Investigatory interviews shall be conducted at a reasonable hour, preferably while the employee is on duty, unless the seriousness of the investigation is of such degree that immediate action is required. If the employee is to be interviewed outside his/her assigned work schedule, he/she shall be paid overtime in accordance with Article 21 — Overtime/Compensatory Time/Call-Back. 16.3. Interviews shall be for reasonable periods and shall allow for such personal necessities and rest periods as are reasonably necessary. 16.4. In cases where it becomes necessary to immediately relieve a permanent, classified employee covered by this Agreement, the employee shall be relieved of duty with pay pending the outcome of the investigation. Proof of service of notification of discipline resulting from an investigation shall consist of either: a) hand delivery to the employee, or b) certified mail delivery to the employee's last known address on file with the Department of Solid Waste. 16.5. An appeal of any discharge or other disciplinary action, excluding oral or written reprimands will be in accordance with Article 7. 16.6. Employees who have not attained permanent status in the classified service, or who are entrance probationary employees, may not grieve disciplinary action under the provisions of this Agreement. Permanent classified Civil Service employees who have been appointed to a promotional position but who have not completed the required probationary period may be rolled back to the previously held position if he fails to meet his probationary period at any time prior to the expiration of the probationary 29 period. Said demoted employee shall not be accorded a hearing before the Civil Service Board or access to the grievance procedure contained herein. 16.7. Employees may be progressively disciplined only for proper or just cause, provided they are full-time employees who hold permanent status in the City's Civil Service. Progressive discipline shall include the following: 1. Verbal or Oral Counseling 2. Written Reprimand 3. Written Reprimand/Forfeiture of up to eight (8) hours of the employees' vacation or compensatory leave balance 4. Suspension of up to 3 workdays 5. Demotion 6. Dismissal 30 Article 17 ABSENTEEISM & TARDINESS 17.1. The parties agree that employee absenteeism and/or tardiness hinders the cost - efficient delivery of service by the department and creates hardship for both management and members of the bargaining unit. The Union will urge its members to reduce absenteeism pursuant to that position the parties agree that: 17.2. Definition of Instances: Absenteeism - An absence from work of more than one consecutive work day for reasons of non - job related illness or injury, or family illness not excused under FMLA or any absence without leave not authorized at least one work day in advance of the absence. A physician ordered absence because of the employee's injury or acute illness or his attending to serious injury or acute illness of any actual member of the employee's household shall not be counted as an instance of absence provided the employee has submitted proper documentation. Management in its sole discretion may require a Doctor's statement from the employee verifying same. Failure to provide the Doctor's verification within three (3) working days shall cause the absence to be counted as an instance. The submitted doctor's statement shall verify the duration of time the physician feels the illness disabled the employee from performing their work. Tardiness - Reporting for work in excess of five (5) minutes beyond the scheduled starting time of the shift. Employees who are tardy to work will be carried unauthorized leave without pay in six (6) minute increments. Annual Period A twelve (12) month period beginning October 1st and ending September 30t''. 31 17.3. Employees shall be disciplined for absences and tardiness in accordance with the following schedule: Number of Instances Discipline 3rd instance in annual period Written warning 6th instance in annual period Written reprimand loth instance in annual period Three (3) work day suspension w/o pay 1 lth instance in annual period One work week suspension w/o pay 12th instance in annual period Dismissal 17.4. Exceptions to the above schedules may be granted by the Department Director or designee and the Human Resources Director or designee, if, in their sole discretion, individual circumstances warrant such action. Any request for a review of an instance must be filed with the Department Director within five (5) working days of the receipt of any related discipline by the employee. 32 Article 18 LOSS OF EMPLOYMENT 18.1. Employees shall lose their seniority and their employment shall be terminated for the following reasons: 1. Discharge if not reversed. 2. Resignation if not withdrawn within twenty four (24) hours from submission to the Department Director. 3. Abandonment of position. An employee absent for three (3) consecutive work days without personal notification to the City shall be considered as having resigned unless the employee has a legitimate acceptable reason for that absence and for not notifying the City of his/her absence. A resignation under this article shall be appealable only through the grievance procedure. On the second day an employee is absent "W" (without pay), the City shall notify the employee Union President of the employee's absence. 4. Unexcused failure to return to work when recalled from layoff. 5. Unexcused failure to return to work after expiration of a formal leave of absence. 6. Retirement. 7. Layoff for a continuous period of twenty-four (24) months. 33 Article 19 LAYOFF AND RECALL 19.1. Definition: Seniority shall mean the status attained by the length of continuous service within existing permanent Civil Service classifications within the Department of Solid Waste. 19.2. Definition: Layoff shall mean the separation of employees from the permanent active work force due to lack of work, funds, abolition of position or positions because of changes in organization or other causes. However there will not be any layoffs of Local 871's bargaining unit employees from October 1, 2023 through September 30, 2026, and the City will maintain Local 871's bargaining unit positions for the duration of the current Agreement. 19.3. In the event a permanent or prolonged reduction in personnel is determined to be necessary, length of seniority shall be the determining factor in such layoff (and any subsequent recall from layoff) except the Department of Solid Waste may deviate from seniority in layoffs or demotions when seniority alone would result in retaining employees unable to maintain a satisfactory level of service to the citizens when such deviation is recommended to and approved by the City Manager. In such cases the Union will be advised of the determination and the reasons therefore. 19.4. In the event an employee having permanent status in a Civil Service classification covered by this Agreement is laid off, he or she shall have the option to bump the most junior employee within a lower classification covered by this Agreement in which he or she held permanent status. 19.5. For the term of this Agreement, should the City determine it requires additional personnel in the Solid Waste Department, personnel on layoff will be given an opportunity to fill a position in the Solid Waste Department in accordance with the Civil Service Rules and Regulations. To the extent practical, based on the City's needs, employees on layoff and who qualify will be considered for vacant part-time and temporary positions from the established layoff list within the City. Those employees on the layoff list shall be considered hired before the City may recruit from employees not currently on the City's payroll. 34 Article 20 WAGES 20.1. The Union agrees with the City that there is a need to address the operational method of the Solid Waste Department, which may require a reorganization of the Solid Waste Department. The reorganization will require implementation of staffmg and operational changes in order to increase the efficiency of the department and reduce costs of the Solid Waste Department. The Union, its officers, agents, and members pledge their support in implementing such operational changes or reorganization and the Union hereby waives all requirements of approval, and notice of such covered by this Agreement. Effective October 1, 2023, employees shall receive a 5% across the board increase. Effective October 1, 2024, employees shall receive a 7% across the board increase. Effective October 1, 2025, employees shall receive a 5% across the board increase. For fiscal years 2023, 2024, and 2025, respectively, bargaining unit members that are not at their maximum step will be eligible for step/anniversary increases upon a satisfactory evaluation and in accordance with the Article 20.3, below. There shall be no other step/anniversary increases other than those enumerated above during the term of this Agreement. 20.2. All changes in salary for reasons of promotion, demotion, merit increase, anniversary increase, or working out of classification shall be effective the first day of the payroll period following the effective date of the change. Leaves of absences without pay or suspension of any duration shall delay increases by the period of time involved. 20.3. Bargaining unit members shall become eligible for a five percent (5%) one (1) step/anniversary increase according to the table below based upon a satisfactory evaluation and on the positive approval of the Department Director. Step 2 5% after one (1) year at Step 1 Step 3 5% after one (1) year at Step 2 Step 4 5% after one (1) year at Step 3 Step 5 5% after one (1) year at Step 4 Step 6 5% after one (1) year at Step 5 35 Step 7 5% after one (1) year at Step 6 Step 8 5% after one (1) year at Step 7 Step 9 5% after two (2) years at Step 8 Step 10 5% after two (2) years at Step 9 Step 11 5% after two (2) years at Step 10 Step 12 5% after two (2) years at Step 11 Step 13 5% after two (2) years at Step 12 Step 14 5% after two (2) years at Step 13 Step 15 5% after two (2) years at Step 14 Step 16 5% after two (2) years at Step 15 Leaves of absence without pay, suspension of any duration, or assignment to light or modified duty in accordance with Article 25 shall delay increases by the same number of workdays. A Department Director may withhold anniversary increases due to excessive absenteeism resulting from tardiness, sick leave usage and/or until such time as, in the Department Director's judgment, the employee's service within the classification meets the standards of satisfactory performance for the position. Employees whose anniversary increases are delayed or denied shall be notified of the reasons for the action being taken. Employees whose anniversary increases are delayed or denied due solely to tardiness or sick leave usage may request a review of the denial by the Director of Human Resources or designee, whose decision shall be final and binding. 20.4. Any bargaining unit employee, upon retirement from City service, or separating under honorable conditions, who has served for a period of twenty-five (25) years or more, shall be granted, at the time of his/her retirement or honorable separation one hundred seventy-three and three tenths (173.3) hours of pay. 36 Article 21 OVERTIME/COMPENSATORY TIME/CALL-BACK 21.1. All authorized hours actually worked in excess of an employee's forty (40) hour work week shall be considered overtime work. The hours that employees are working or involved in Union representation or labor-management activities shall not be considered hours worked in determining overtime eligibility. 21.2. Employees performing earned overtime work shall, at their discretion, be paid time and one-half at their straight time hourly rate of pay or shall be given compensatory time at the rate of time and one-half for such work. This overtime rate shall be all inclusive and no additional compensation in the form of hourly differential, etc., shall be paid. 21.3. The maximum accumulation of compensatory time hours is three hundred and fifty (350) hours. If an employee takes compensatory time off, the hours in the employee's bank would be appropriately reduced by such time off. If an employee leaves the service of the City and cashes their bank, the hours therein shall be valuated on the basis of the current rate of pay. 21.4. The Parties agree that overtime hours shall not be used in the computation of arriving at average earnings for purposes of establishing pension benefits. 21.5. The Parties agree that overtime will be rotated to eligible bargaining unit members within their respective classifications by seniority within the classification. A voluntary sign up list will also be posted for bargaining unit members to sign up for overtime within their respective classification. For purposes of overtime, such voluntary list shall be followed in order, based upon when the bargaining unit member signed up for overtime. No bargaining unit member on that list shall take the place of an otherwise scheduled bargaining unit member from the rotation system. Employees who call out for a regularly scheduled shift on a Monday or Friday will be skipped on the next two (2) overtime rotations that they would otherwise be eligible for selection. 21.6. Management, by utilizing volunteers as set forth in Article 21.5, does not waive its rights to require bargaining unit members to work overtime. The Parties agree that assignments of overtime work rest solely with the Department Director or designee, including decisions regarding the classifications 37 needed, frequency, staffing, scheduling, emergencies, etc. The Parties agree that any employee refusing assignments of such work is subject to disciplinary action as deemed appropriate by the Solid Waste Director. 21.7. Any permanent bargaining unit employee eligible for overtime shall, if recalled to duty by Management during off -duty hours, receive a minimum of three (3) hours plus one (1) hour travel time, paid at the overtime rate. The Parties agree that call - back hours shall not be used in the computation of average earnings for purposes of establishing pension benefits. An employee out on ill time or worker's compensation will not receive call back pay for taking the required physical before said employee may be released to return to work. 38 Article 22 VACATION 22.1. Vacation Scheduling - By November 30th of the year preceding the vacation year, each employee will select a vacation period in accordance with the Department Vacation Selection Procedure. Said Vacation Selection Procedure will be developed by Management and will include, but not be limited to, the following elements: A. Vacation selection by seniority in classification. B. Assignment of an employee number to all employees within each classification with the number one (1) being the senior person in each classification. C. Provision of time frames during working hours in which employees will be directed to select their vacation. 22.2. The Department Director or designee shall establish a vacation schedule based on a payroll year and shall post it by January 1 of the current year. The schedule shall establish the number of personnel, by classification, who may take vacation leave at any one time. By the last payroll period of each calendar year, each employee shall be granted a vacation period subject to the provisions of this Article. Where an employee does not submit a vacation preference as required above, the Department Director or designee will assign a mandatory vacation period equal to the employee's current accrual rate, notwithstanding any carryover time up to 500 hours. Employees shall not be permitted to exchange seniority rights in the selection of vacation periods. However, subsequent to the last payroll period of each calendar year, employees may exchange vacation periods within their classification subject to the Department Director's or designee's approval. Such approval shall not be unreasonably withheld. During the vacation year, employees may use additional vacation leave at the discretion of the Department Director or designee. 22.3. Vacation shall be taken by the last payroll period of the calendar year in which the vacation was credited. Effective upon ratification of the labor agreement, employees shall be allowed to carryover five hundred (500) hours of the previous year's credited vacation. Any excess vacation over the five hundred (500) hours allowed carryover shall be forfeited after January 1st and no exceptions to the maximum carryover allowance shall be permitted absent the express 39 written approval of the City Manager. Bargaining unit member with unused accrued vacation hours in excess of two hundred (200) hours as of September 30, 2010, shall have those hours in excess of two hundred (200) grandfathered and those employees with grandfathered hours over two hundred (200) hours shall be allowed to carryover up to a maximum of those hours or to a maximum of five hundred (500) hours, whichever is greater. Employees who have been carried on full disability the entire previous year shall be paid for all excess vacation over five hundred (500) hours at the rate of pay the employee was earning at the time the employee was placed on full disability. If an employee is unable to take a previously authorized vacation due to cancellation by the Department Director or designee, any hours in excess of the five hundred (500) hours which would have been forfeited shall be paid on or about January 1, at the employee's hourly rate of pay. 22.4. Vacation shall be accrued in accordance with the accrual schedule set forth Appendix B to this Agreement (Vacation Accrual by Annual Hours Accrual Code (EC-20-22)). 22.5. Other than regularly scheduled vacation, requests for additional vacation leave must be requested twenty-four (24) hours in advance of use and shall be taken in increments of not less than one (1) hour. Vacation leave may be granted by the Department Director or designee on an emergency basis. Should such request be denied, the employee may only appeal such denial to the City Manager or designee. Except for where otherwise provided in this labor agreement vacation leave may not be used for illness. Upon an employee's retirement or separation from City service, the employee will be paid for those vacation hours credited and earned through the employee's separation date. Vacation shall be calculated on actual service in the previous calendar year and shall, only be taken after the completion of six months of actual continuous service. 22.6. In those instances where an employee requests payment of vacation hours as a result of an emergency situation, such requests will only be considered upon submission of backup documentation. Approval for such payment will rest solely with the Human Resources Director or a designee of the City Manager. 40 Article 23 SHIFT DIFFERENTIAL 23.1. A night shift differential of $1.00 per hour will be paid to bargaining unit employees who work a regular established shift between the hours of 6:00 p.m. and 8:00 a.m. However, more than one-half of the hours of the regular established shift must be within the hours of 6:00 p.m. and 8:00 a.m. 23.2. Consistent with Section 23.1, night shift differential will only be paid for hours actually worked during the regular shift and will not be paid for any overtime hours and will not be used to calculate any overtime pay rate. 23.3. Night shift differential shall not be used in calculating average earnings for pension purposes. 41 Article 24 UNIFORMS, SHOES, EQUIPMENT 24.1. Employees are required to wear complete uniforms, and any required safety equipment in the appropriate manner, while on duty. Complete uniforms consist of City approved shirt, jumpsuit, pants, safety belt, hat and water resistant safety shoes. 24.2. Employees shall report to work in complete uniforms that are properly fitting, clean and neat, and free from tears, holes, and stains. For each day an employee reports to work in a uniform that is incomplete or in a condition not meeting the foregoing standard, ("deficient uniform"), or fails to wear required safety equipment, the Department Director or designee may discipline the employee. 24.3. In January of each year, each full time active duty employee shall be provided uniforms corresponding to their four (4) or five (5) day work week at no expense to the employee as follows: up to five (5) shirts, which may be tee shirts of a quality determined by management), up to five (5) pants, (or two (2) jumpsuits and two (2) pants), one (1) cold weather jacket, an initial issue of one (1) safety belt, up to five (5) caps, and a $175.00 voucher, which shall only be used to purchase up to two (2) pairs of water resistant safety shoes whose quality is certified as acceptable by Management. The cold weather jacket and safety belt will be replaced every other year. Should an employee lose the issued safety belt, the employee will be issued another safety belt and shall promptly reimburse the City the current cost of the safety belt through payroll deduction over a period of four pay periods. New hires will be provided such uniforms within a reasonable time following their dates of hire and if hired on or after October 1st, in any year, shall not receive a new allotment of uniforms until the second January following their hire. Each uniform draw shall be recorded by the supervisor and signed for by each employee. Employees who are working only part time in January, or who return to full time duty after the month of March, shall receive such uniform(s) as authorized by the Department Director or designee. 42 24.4. Employees may purchase at their expense additional items of uniforms throughout the year, through the City. Employees will be charged the actual cost to the City. 24.5. Employees are responsible for cleaning and maintaining their uniforms in an acceptable manner. If an employee fails to maintain his uniform according to this standard, the Department Director or designee may require the employee to purchase and wear replacement uniform(s) at the employee's expense, provided that upon request of the employee and turn in of the item(s), any uniform shirts, pants, or jumpsuit determined by the Department Director or designee, to be unacceptable for reasons beyond the employee's control shall be replaced by the City at the City's expense. 24.6. Uniforms shall be worn by employees only while on duty, at lunch during the employee's work shift, or when traveling directly to or from work. Employees shall not engage in any non -city work related activity while in uniform. 24.7. Employees in those classifications determined by Management to require the wearing of water resistant safety shoes who have not already received a $175.00 voucher to purchase an initial pair of water resistant safety shoes will be provided a $175.00 voucher, which shall only be used to purchase of an initial pair of water resistant safety shoes whose quality is certified as acceptable by Management. 24.8. When, due to wear and tear or accidental destruction, the Department Director or designee determines a replacement pair of shoes is required, the City will give the employee a voucher for $175.00 for the purchase of another pair of water resistant safety shoes. This additional $175.00 voucher shall only be provided when the worn out or damaged pair of shoes is turned in to the Department. The Department Director or designee shall provide the replacement of authorized water resistant safety shoes on the basis of need and not on an automatic basis. The shoe allowance authorized by this Article shall only be paid where an employee purchases a pair of water resistant safety shoes of a quality is certified as acceptable by Management. Employees shall be advised of shoe models which conform to City standards. 24.9. Equipment provided an employee by the City will be of a quality determined by management and will be replaced within a reasonable time of the employee returning such damaged or non - usable equipment to the City, when the Department Director or designee determines it is beyond repair or otherwise no longer usable. 43 24.10. Employees shall reimburse the City for the actual repair or replacement cost of lost, stolen, or damaged City equipment when the employee's carelessness and/or negligence contributed to the loss, theft, or damage. 44 Article 25 LINE OF DUTY INJURIES 25.1. Workers' Compensation Medical and Indemnity Benefits. To the extent required by, and subject to the limitations specified in, Chapter 440, Florida Statutes, the City will provide workers' compensation indemnity benefits to any bargaining unit member who sustains a compensable line of duty injury or illness as provided by the Workers' Compensation Law of the State of Florida. 25.2. Any bargaining unit member who is disabled as a result of an accident, injury or illness covered by Chapter 440, Florida Statutes, will be granted supplementary salary, subject to the terms and conditions set forth in this Article. Supplemental salary will be paid in the form of a continuation of the bargaining unit member's regular paycheck as provided by Resolution No. 39802. This check will include those indemnity payments provided for under the Workers' Compensation Law. 25.3. Employees shall be eligible for supplementary pay and workers' compensation pay to the extent that the total of such benefits shall not exceed eighty (80) percent of the employee's weekly pay prior to the line of duty injury, accident, or occupational disease. This benefit shall take effect only after the employee has been disabled for a period in excess of seven (7) calendar days. Employees must first utilize available balances to be eligible for any supplemental salary provided herein. 25.4. Unless extended as provided below, supplementary salary will be granted for a period not to exceed 150 consecutive days from the date of covered accident, injury or illness. Such supplementary salary may be extended up to an additional 60 consecutive days upon approval of the City Manager or his designee. The 150 days begin when the bargaining unit member is actually placed on "D". If the bargaining unit member is removed from "D," the non "D" time will not apply to the 150 days period. " 25.5. If an employee remains temporarily disabled beyond the period of time in which he is entitled to collect the 80% supplementary pay benefits, he shall be entitled to supplementary pay equal to 2/3 "D" payments for the additional period of his temporary disability pursuant to current practices. 25.6. If an employee becomes permanently and totally incapacitated for the further performance of the duties of his/her classified position he/she shall petition the retirement board for retirement. 45 The supplementary salary of the 2/3 "D" as described above shall be carried by the department until the retirement is granted or denied. 25.7. At any time during his/her absence from duty claimed to be the result of a line of duty injury while an employee is collecting City supplementary pay, the employee shall be required, upon the request of the City Manager, or his designee, to submit to a physical examination by a physician designated by the City Manager within fifteen days of the request. If such employee, without cause, as determined by the City Manager, shall fail to submit to the examination at the time specified, all City supplementary salary benefits will be terminated. 25.8. Deductions: In the event a bargaining unit member receives supplementary salary as referenced in this Article, the City will make payroll deductions under the following terms and conditions: Deductions required by law, "mandatory deductions," including, but not limited to, social security, withholding and Medicare, will be made automatically to the supplemental salary portion only. All non -mandatory deductions including, but not limited to, a bargaining unit member's pension contribution', medical, life and other insurance contributions, and all other non -mandatory and voluntary deductions will be made by the City on the bargaining unit member's behalf only to the extent that sufficient funds are then available. The City will not make any non -mandatory and voluntary deductions if the combined workers' compensation benefits and supplementary salary are insufficient to cover the amount of the deduction(s). If there are not sufficient funds available, the bargaining unit member will be responsible for making payments for the non -mandatory and voluntary deductions directly to those providers and creditors who would have otherwise been paid through the City's payroll deduction process. The parties agree that this process is intended to provide the employee with these paychecks without interruption of payroll and payroll deductions on a biweekly basis. 1 The amount of the pension contribution shall be based on "earnable compensation" as define by Miami Code Section 40-191 46 Should the employee notify the City by contacting Risk Management that he/she does not want a combination of Workers' Compensation indemnity pay included with the supplemental wage for the purposes of making regular deductions, the Workers' Compensation check will be distributed separately through the third party administrator and the City will only pay the supplemental wage minus federally mandated deductions. i.e. withholding, social security and Medicare. All other non -mandatory deductions, including pension, medical, life and other insurance contributions and all other non -mandatory and voluntary deductions will not be made and the bargaining unit member will be responsible for making all payments directly to those providers and creditors who would have otherwise been paid through the City's payroll deduction process. For any reason, should any calculations or deductions made based on the above protocols result in the employee owing money to the City, Risk Management will audit the employee's payroll process immediately upon the discovery of monies owed to determine why such arrearages occurred. The findings will be immediately brought to the attention of the employee and a resolution will be proffered and arrangements will be made to rectify monies owed. No supplementary pay will be paid on a claim and/or injury that arises out of a purposeful act performed by a bargaining unit member that causes harm to self or another. 25.9. Nothing in this section shall be construed as a waiver of the City's rights under applicable state law. 25.10 Based on operational needs and within the discretion of management, employees may be assigned light or modified duty when practicable. An employee assigned to light or modified duty may be assigned to any department within the City based on operational needs as determined by management. Light or modified duty assignments may end at any time, but in any event shall not exceed six (6) months in duration. An employee assigned light or modified duty shall receive their regular pay during such assignment, and any step/anniversary increases shall be delayed by the same number of working days in the light or modified duty assignment. An employee assigned light or modified duty shall not be eligible for supplemental salary as provided for in this Article. Article 7 shall not apply to this section. 47 Article 26 WORKING OUT OF CLASSIFICATION 26.1. The Department Director or designee in his/her sole discretion may direct an employee to work in an acting capacity in a higher classification other than the one to which the employee is permanently assigned, due to absence or vacancy. 26.2. To be eligible to work an acting assignment in a higher classification, the employee must hold permanent civil service status and complete the Department's basic training course for the classification to which the employee will be assigned, possess the federally required valid commercial drivers' license (CDL) and any required endorsements, have satisfactorily demonstrated acceptable work habits and job performance, and meet the minimum requirements of the higher classification. Preference for selection will be given to the employee with the most seniority who meets these eligibility requirements. 26.3. Once an employee is determined by the Department Director or designee to meet the criteria for working out of classification as specified in Section 26.2, the employee may be assigned to the higher classification based on seniority of classified service with the City for the period of time determined by Management. Any employee who has been suspended for either vehicular accidents or absenteeism shall be ineligible to continue working out of classification. The eligibility to work out of class will be restored once the employee has been free of a vehicular accident or instance free for six (6) months and his/her most recent performance appraisal is considered satisfactory. In order for an employee to receive working out of classification pay, the employee must have been temporarily assigned to one of the following particular classifications for the specified period of time: Waste Collector Operator I 30 work days Waste Collector Operator II (Garbage) - 30 work days Waste Collector Operator II (Sweeper) - 30 work days Waste Equipment Operator 30 work days Waste Collector II 30 work days Dead Animal Collection Immediate 48 Once the employee has been working out of class for more than the period of time specified herein, the employee will be paid an increase of one (1) step above his/her normal base pay for all hours worked in the higher classification beyond the work days as specified above. Those qualified bargaining unit members who satisfactorily demonstrate acceptable work habits and job performance and who worked out of classification a minimum of 1040 hours in a specific position shall not need to re -qualify for that specific position worked out of classification. Additionally, when a bargaining unit member works out of classification for 1040 hours in a specific position, that employee will receive a one (1) step increase in wages without having to wait the specified period of 30 work days as stated in this section. Grievances related to working out of classification issues are only appealable through the grievance procedure and not the Civil Service Board. 26.4 A qualified bargaining unit member who works at a higher classification for a minimum of 2080 hours over an eighteen (18) month period of continuous employment, satisfactorily demonstrates acceptable work habits and job performance, and has held permanent status in the previous job classification, shall be promoted to that higher classification permanently, without the need to apply for the position. An employee promoted in accordance with this Article shall not suffer any reduction to his or her hourly wage rate. Instead, beginning on the date in which a bargaining unit employee is promoted to a higher classification, the employee shall be slotted into the pay grade that is at least 10% more than the employee earned in the lower classification (not what the employee earned while working out of class). An employee who is promoted under this Article will not fall "in between" steps for the new position, and will instead be placed in pay grade that is at least 10% more than what the employee earned at the lower classification. 49 Article 27 GROUP INSURANCE 27.1. The City and the Union agree that the Summary Plan Document (SPD) (entitled City of Miami Life and Health Benefits,) shall be immediately updated to reflect descriptions of the current benefit. Plan design and all plan benefits shall be those outlined within the updated version of the employee's benefits handbook and shall not be changed without mutual agreement of the City and the Union. The updated and finalized SPD shall be prepared by the City's Plan Administrator (TPA) and the TPA will administer the Plan benefits in accordance with the definitions and other language agreed to and contained in the SPD. The SPD, in accordance with the Department of Labor requirements, shall be distributed to all current and new participants of the Plan. 27.2. The City agrees to pay no more than $8.08 per eligible bargaining unit member per pay period to the union within sixty (60) days or less after ratification upon termination of the existing life insurance contract to provide life insurance coverage in the amount of $40,000.00 and accidental death and dismemberment coverage in the amount of $80,000.00. The Union, as of January 1, 2024, has secured a three year rate guarantee from the provider, Reliance Standard Insurance Company. The Union agrees to continue to secure life insurance and accidental death and dismemberment coverage for all the eligible bargaining unit members throughout the term of this Agreement and agrees to provide policy and rate documentation to the City at the City's request. 27.3. Medical/Vision: The City currently offers medical, dental, prescription drugs and vision benefit plans through a self - funded plan in which all bargaining unit members, upon obtaining eligibility, may enroll, to wit: Medical/Vision Cigna Network Dual Choice/POS Cigna Network Dental DHMO - Cigna / DPPO - CIGNA EAP Cigna Health Care 50 The City may change the vendor(s) for any of its self -funded benefit plans at any time. Any other plan design changes must be agreed to by the Parties prior to implementation. It is agreed between the Parties that as of January 1, 2024, the City's medical plan will consist of a four tier program: Single coverage Single coverage + spouse Single Coverage + children Single coverage + Family (spouse and children) It is agreed that medical premium rates for all tiers may be adjusted annually upon the City's calculation of the premium for medical benefits. Premium rates will be calculated by a certified actuary based on the City's eligibility list and experience and the information will be provided to the Union, in order to validate any increase or decrease in theoretical premium. As of January 1, 2024, (the beginning of the next Plan year) any increases or decreases in the cost of the City's health plan shall be shared by current active employees on the following basis for all medical plans: Plan Year 2024: Dual Choice/POS (Cost of coverage shown bi-weekly) Employee City Single $40.55 $294.67 Single + spouse $89.21 $648.27 Single + Children $75.01 $545.15 Family $115.56 $839.83 As there are frequent and rapid changes in health care costs, it is understood and agreed between the Parties that any changes in contribution amounts will be made based on the annual calculation of theoretical premium. It is agreed that should theoretical premium costs increase at a rate higher than the projections used to establish the employee contributions above (projection used is 10% increase in total 51 premium each year), then those employee contributions shall be adjusted to reflect the increase and shall be effective at the beginning of the Health Plan Year. Likewise, should the theoretical premium cost decrease more than the projections used to establish the employee contributions stated above, those employee contributions will be lowered to reflect the overall theoretical premium decrease. In any given plan year, projections used to establish any increase in contributions from the employee shall be capped at 15%. Prescription Drug Coverage. The City currently offers a prescription drug benefit plan for those bargaining unit members enrolled in and Dual Choice/POS plans. It is a self -funded plan administered by Cigna Health Care and consists of the current benefit: Cigna Pharmacy Retail Drug Plan: $15 per 30 day supply for generic drugs $40 per 30 day supply for preferred brand name drugs $60 per 30 day supply for non -preferred brand name drugs Cigna Tel Drug Mail Order Drug Program: $0 (No Charge) per 90 day supply for generic drugs $80 per 90 day supply for preferred brand name drugs $120 per 90 day supply for non -preferred brand name drugs Since prescription drug costs are a major component of the health plan and are subject to significant annual cost increases, the City and the Union agree to evaluate and measure pharmacy benefit total costs and evaluate best practice strategies to manage the pharmacy benefit. Any changes in the pharmacy benefit shall be mutually agreed to by the City and the Union. Dental: Dental premium rate may be adjusted annually upon the City receiving notice from the dental providers. Employees will be notified of the adjustments in the dental rates during open enrollment. In 52 accordance with current practice, when employees choose to be covered under the City's dental plan, the employee will continue to pay the dental premium. Employee contributions: In accordance with the City's Cafeteria Plan group health premiums will be paid by the bargaining unit employee with pre-tax dollars. 27.4. A standing committee will be created called the Health Insurance Committee. It shall be made up of six (6) City of Miami employees, one member appointed by the IAFF, one member appointed by AFSCME 1907, one member from AFSCME 871, two members appointed by the City Manager and one picked by mutual agreement of the Unions and City Manager. The Group Benefits Coordinator shall serve as a technical advisor to the committee, but will not be a member nor have a vote. Based on this commitment and in collaboration with labor and management, this Committee will work during the term of this Agreement to identify ways to strengthen and improve our health plan. This will include, but is not limited to: • Obtain timely, accurate, and transparent reporting with full disclosure, of all costs from our vendors. • Identify plan vendor administrative improvements and efficiencies that can have a significant impact on reducing health expenditures and to ensure that our health plan vendors are delivering maximum administrative savings. • Educate employees on better understanding and use of their health plan. • Identify the impact of health improvement and disease management initiatives to decrease overall medical and drug costs. • Evaluate and measure our pharmacy benefit total costs and fully assess the costs from our pharmacy benefit manager (PBM) vendors. • Identify proven strategies to more effectively provide prescription benefits, and obtain vendor (PBM) administrative savings to successfully manage this important benefit. • Make recommendations to the City Manager to reduce health expenditures while maintaining a quality health plan at an affordable cost and which improves the health of employees and dependents. 53 above. • Review employee complaints and remedy situations concerning claims so long as the decision does not change or impact current benefits. This is intended to reduce the need for the grievance procedures; however, the bargaining unit member does not waive his/her right to file a grievance should the committee's remedy not be satisfactory to the employee. • Review and update the Summary Plan Description (currently titled City of Miami Life and Health Benefits) Any and all other health care and wellness issues identified by the Committee as promoting initiatives to improve the health of employees and dependents while maintaining a quality health plan. The Committee shall meet monthly or as soon as practicable to commence initiatives outlined 54 Article 28 HOLIDAYS 28.1. The following days shall be considered holidays: New Year's Day Columbus Day/Indigenous People's Day President's Day Veterans' Day Memorial Day Thanksgiving Day Independence Day Friday after Thanksgiving Labor Day Christmas Day Martin Luther King, Jr. Day Juneteenth 28.2. Any additional holidays declared by official resolution of the City Commission shall be added to the above list. 28.3. Hourly non-exempt employees, performing work on any of the above holidays, shall at their discretion be paid eight (8) hours or ten (10) hours holiday pay depending upon their assigned work schedule at straight time plus an additional eight (8) or ten (10) hours of straight pay corresponding to their assigned shift regardless of the hours actually worked as an incentive for working the holiday or shall be given compensatory time at their straight time rate, as long as the employee's assigned route is completed and has been certified by the Solid Waste Director, or designee, as being completed. 28.4. In order to be eligible for holiday pay, the employee must be in pay status (excluding unexcused absences) the full working day preceding and the full working day following the subject holiday. 28.5. It is recognized that by working the holidays, the City will increase the cost of operating the Garbage Collection System within the Department and that the Administration will be balancing the collection routes, reviewing the utilization of staffing and the organizational delivery of the sanitation services to the citizens of Miami. The employees of the Department recognize that this is a necessity if we are to deliver sanitation services to the citizens of the City of Miami consistent with funds available to the Department. 28.6. All conditions and qualifications outlined in ARTICLE 21 - OVERTIME/ COMPENSATORY TIME/CALL BACK PAY shall apply to this Article. Hours of compensatory time 55 accumulated under this Article, when added to the compensatory time earned under ARTICLE 21- OVERTIME/COMPENSATORY TIME/CALL BACK PAY shall not exceed two hundred (200) hours. 28.7. Employees assigned to the Trash Division, Recycling, and Street Cleaning shall work on all holidays where employees assigned to the Garbage Division are working. 28.8. All holidays specified above shall be designated as working holidays, except Martin Luther King Jr. Day and Christmas Day, unless the City Manager or designee determines otherwise. 56 Article 29 RESERVED 57 Article 30 SICK LEAVE 30.1. The Parties agree that care and discretion shall be exercised by Management and the Union in order to prevent the abuse of sick leave privileges. To determine the reasons for an employee's absence on sick leave, the employee's immediate supervisor or a management designee may visit the home of the employee on sick leave with pay. In cases where Management suspects that an employee is malingering, sick leave with pay shall not be granted. 30.2. Effective the first month following ratification of the Agreement, bargaining unit employees shall accrue eight (8) hours sick leave per month, provided that the employee is in pay status at least one hundred twenty (120) hours per month. 30.3 To receive sick leave with pay, an employee must notify his/her immediate supervisor, or other person designated by the Department to receive such notice, of illness within fifteen (15) minutes prior to the time the bargaining unit member is scheduled for work. It shall be the employee's responsibility to notify the department each day the employee will be out ill within the time frames attained above. 30.4. Any employee absent on sick leave for more than three (3) consecutive work days must report to the Human Resources Department for approval before returning to work. 30.5. All bargaining unit members covered by this Agreement shall upon honorable separation from employment or after retirement be paid for one hundred percent (100%) of accumulated sick leave up to seven hundred fifty (750) hours and fifty percent (50%) of accumulated sick leave above seven hundred fifty (750) hours. 30.6. Bargaining unit members with accumulated sick leave balance over seven hundred and fifty (750) hours as of September 30, 2010, will have their balances in excess of seven hundred and fifty (750) hours grandfathered. A bargaining unit member's maximum sick leave carryover from calendar year to calendar year shall not exceed seven hundred and fifty (750) hours or the number of unused accumulated sick leave hours in excess of the seven hundred and fifty (750) hours grandfathered as of September 30, 2010 and any hours accrued in excess of the maximum carryover in a given year are not permitted to be carried over by the 58 bargaining unit member. Bargaining unit members with unused accumulated sick leave hours in excess of the maximum carryover at the end of the year shall be paid for one hundred percent (100%) of the unused portion of their accumulated sick leave in excess of the maximum carryover. 30.7. Payoff for accumulated sick leave shall not be used to calculate average earnings for Pension purposes. 30.8. An employee who is terminated or who opts for resignation after being informed of the Department's intent to terminate the employee shall not receive compensation for unused sick leave upon separation from service or retirement. Sick leave conversion shall not occur upon an employee's separation or retirement from the City. 30.9. Bargaining unit members shall be eligible for a sick leave cash bonus incentive of one hundred twenty-five ($125) dollars. In order for the employee to receive such incentive, the employee must not utilize any sick leave, and be active and in a full paid status during the payroll calendar year. In addition, bargaining unit members who qualify for the sick leave incentive cash bonus, as described herein, shall receive eight (8) hours of commendation paid leave. A bargaining unit member will receive an additional one hundred seventy-five ($175) dollars sick leave cash bonus if at least one hundred (100) bargaining unit employees qualify for the sick leave cash bonus incentive. Such bonuses shall be subject to applicable federal taxes, but shall not be included for calculating pension. 59 Article 31 BEREAVEMENT - DEATH IN FAMILY 31.1. Any employee covered by this Agreement may, in the case of death in the immediate family, be authorized up to a maximum of forty (40) hours of paid leave per occurrence to arrange and/or attend the funeral of a member of the employee's immediate family or to attend to the personal affairs of the deceased. Said paid leave days shall be taken consecutively by the employee, excluding normal days off and holidays. For purposes of this Article, the immediate family is defined as father, mother, sister, brother, husband, wife, domestic partner, children, father-in-law, mother-in-law, grandparents, spouse's/domestic partner's grandparents, and stepfather and/or stepmother if they have raised the employee from infancy regardless of place of residence, and may include any other person who was an actual member of the employee's household for ten (10) or more years. Within thirty (30) calendar days from the date the employee returns from a death in the family, the employee will file a copy of the death certificate of the deceased family member or a notarized statement that reflects the family relation of the deceased to the employee. Said death certificate will be attached to the form provided by the City and submitted to the Department of Human Resources. Failure to produce the death certificate will result in the employee reimbursing the City for any claims taken under this Article. Any employee found to have falsified his/her application for a death in the family will be dismissed. 31.2. It is understood that under certain circumstances the employee will be unable to obtain a death certificate. In this event, in lieu of a death certificate, the employee shall submit a notarized statement or any other documentation that reflects the death as deemed appropriate by the Director of Human Resources or designee. 31.3 Bereavement leave is for attending a funeral or to attend to estate issues or for being in a state of bereavement and must be taken within 45 days of the death of the family member. The Director of Human Resources or designee, at his/her sole discretion, can make exceptions to the 45 day limit under truly unique circumstance, but the decision is final and cannot be appealed through the grievance procedure or any other forum. 60 Article 32 BLOOD DONORS 32.1. Employees who volunteer as blood donors to contribute to an on -site City supported Blood Donor Organization will be authorized the paid absence necessary to accomplish this purpose. The Blood Donor Organization's personnel will determine what amount of time the donor will need from the point of donation till the time the employee is released to go back to work. 61 Article 33 JURY DUTY 33.1. Employees shall be carried on leave of absence with pay for actual working time lost when called to serve on jury duty. Such employees shall be paid at their regular hourly rate for all working time lost up to the number of hours they are regularly scheduled to work each week. Employees who complete jury duty shall report back to work during their regular work schedule or shall forfeit the City compensation for jury duty for the day or days in question. 33.2. In consideration of receiving their regular pay, employees called to serve on Jury Duty shall promptly notify their supervisor of the call to Jury Duty. The supervisor shall make a copy of the summons to Jury Duty and forward said copy with the payroll sheets for the week in which the employee is on Jury Duty. Employees who serve as jurors for Federal Court shall have deducted from their paycheck a Jury Duty fee equal to that compensation paid to the employee by the Federal Court in their jurisdiction per day in the payroll period following the week in which the employee was on Jury Duty. Employees who serve as jurors for State and County Court shall not have Jury Duty fees deducted for the first three (3) days of juror service. Employees who serve more than three (3) days of Jury Duty shall have deducted from their paycheck a Jury Duty fee equal to that compensation paid to the employee by the State or County Court in their jurisdiction. Any changes by the Courts in the above fees shall be reflected in the employee's paycheck as they occur. 33.3. Attendance in court in response to legal order or subpoena to appear and testify in private litigation not in connection with an employee's official duty, but rather as an individual, shall be taken as vacation, compensatory leave, or leave of absence without pay. 62 Article 34 FAMILY LEAVE AND LEAVE WITHOUT PAY 34.1. Effective upon ratification by the parties of the labor agreement, bargaining unit employees shall be eligible for leave without pay in accordance with the Family and Medical Leave Act of 1993. Such leave is provided under the law for the birth, adoption or foster care of a child and for a serious health condition of the employee or the employee's spouse, child, parent or grandparent, eligible deployment/ return from deployment rights or any other FMLA eligible event. 34.2. Upon approval of the Department Director or designee, with the approval of the City Manager or designee, a leave without pay may be granted for education or any other acceptable reason. Education: A leave without pay may be granted for the purpose of entering upon a course of training or study calculated to improve the quality of the employee's service to the City through course work directly related to the employee's job, for a period not to exceed six (6) months. The request for leave without pay may be extended for an additional six (6) months upon the approval of the Department Director or designee and approval of the City Manager or designee. Any bargaining unit employee requesting said leave of absence shall be required to submit evidence of registration upon entering each quarter/semester of school. Acceptable Reason: A leave without pay may be granted for an acceptable reason other than specified herein, for a period not to exceed ninety (90) days. Approval for said leave of absence without pay is at the sole discretion of the City Manager or designee or Human Resources Director or designee, and shall not be appealable to the Civil Service Board or the grievance procedure. 34.3. Bargaining unit employees who desire to take a leave without pay in accordance with this Article (excluding serious health condition) must use all vacation and any other time accrued in leave banks prior to taking a leave without pay. A request for leave without pay for a serious health condition as provided under the Family and Medical Leave Act shall require the bargaining unit employee to use all sick, vacation and any other time accrued prior to taking such leave. The usage of such leave time will not prevent the employee from taking leave without pay as specified herein. 63 34.4. Bargaining unit employees who take a leave without pay for any reasons specified in this Article shall not accrue leave time during periods of leave without pay. At the expiration of a leave of absence without pay, the bargaining unit employee shall be returned to the same or similar position vacated when said leave of absence without pay was granted in accordance with the provisions of the Family and Medical Leave Act. Leave of absence without pay during the required probationary period of service shall extend the probationary period the length of time used during the said leave of absence without pay. 34.5. The acceptance of another position or engaging in other employment by the bargaining unit employee while on a leave of absence without pay shall be deemed a voluntary resignation from the service of the City of Miami. 64 Article 35 INCARCERATED EMPLOYEES 35.1. The following procedures shall apply to employees who have been arrested and/or incarcerated. 1) Incarcerated employees must notify the Department Director within three (3) days from the day of the incarceration. 2) When Management is made aware of a permanent employee's incarceration, the department will contact the arresting agency for verification of the arrest record. 3) If the incarceration occurs during the permanent, employee's scheduled work shift, the employee may request the use of his or her available vacation time, compensatory time or earned personal leave time, not to exceed ten (10) work days. If the employee has not presented himself/herself ready for work in ten (10) work days, the employee will be presumed to have resigned. 4) Should the arrest of the employee be of so severe a crime or heinous in nature Management after an administrative investigation and consultation with the Union President, employee Union representative or his/her designee may suspend the employee without pay until adjudication of the case. 5) If the employee wins his or her case, Management is not precluded from reinstating the employee or taking administrative action arising out of the arrest and trial consistent with applicable rules and regulations. 65 Article 36 WORK INCENTIVE PLAN 36.1. It is agreed between the parties that bargaining unit personnel assigned to the Garbage, Recycling, Street Cleaning, and Trash Collection Divisions may be placed on an incentive basis whereby once the assigned route is completed and has been certified by the Solid Waste Director, or designee, as being completed, the applicable personnel may be relieved from their tour of duty for the day. The City reserves the right to require employees to work the full shift based upon the needs of the department. The City and the Union will co -develop an incentive plan which will improve the current incentive plan for the personnel assigned to the Trash, Garbage, Street Cleaning, and Recycling Divisions. On an annual basis, the Solid Waste Director or designee, in cooperation with the Union, shall conduct a review of routes to ensure that employee assignments are balanced and efficient. The Union shall be provided with an opportunity to review all route changes fourteen (14) days prior to the implementation of any route changes. 36.2. If an assigned route has not been satisfactorily completed as determined by Management prior to the end of the normal assigned work day, the employees shall be required to complete the route on the same day. There will be no call back pay if the employee has left the yard pursuant to Article 21, Ca11 Back Pay, of this Agreement. Failure to complete the route in a timely manner may result in disciplinary action. 36.3. Should the Solid Waste Director or designee determine the Work Incentive Plan in its entirety or in part is detrimental to the efficient operation of the Department, all or that portion of the Work Incentive Plan deemed to be inefficient may be discontinued or modified upon notice to and consultation with the Union. 36.4. The Management of the Solid Waste Department shall designate and have the right to change the starting times of all work assignments. 66 The following starting times will apply hence forth. Should Management desire to change said starting times, they will notify the Union fourteen (14) calendar days prior to the change of shift time. Recycle Roll Call 7:00 a.m. Garbage Roll Call 6:15 a.m. Trash Roll Call 7:00 a.m. Street Cleaning Division 7:00 p.m. White Wings 7:00 a.m. Specifically excluded from the fourteen (14) calendar day notice period are temporary changes of hours or days off necessitated by special events, civil disturbances, acts of God and other emergency conditions. 36.5. Should the Union disagree with any change of shift time, the Union President or designee shall advise the Solid Waste Director in writing. If the disagreement over the schedule change is not resolved, the dispute may be appealed to the City Manager or designee whose decision will be final and binding upon the parties. This decision will not be subject to the grievance procedures contained herein or of any other administrative review. 67 Article 37 SUBSTANCE/ALCOHOL - PERSONNEL SCREENING 37.1. In an effort to identify and eliminate on duty controlled substance/alcohol abuse, urinalysis/evidential breath test (evidential breath tests (EBT) shall be utilized solely for testing alcohol content) shall be administered as provided herein: A. To an employee or prospective employee as a part of a scheduled physical examination. B. To the driver of any City vehicle that is determined to be at fault of an accident when operating City -owned equipment while on duty, or while driving on City premises. C. If a driver, while on duty, operating City -owned equipment, is at fault for damaging private or public property, then a management representative with the classification of Sanitation Supervisor or above, must determine that there exist reasonable belief, based upon objective factors, that the employee is under the influence of alcohol. D. Where a management representative with the classification of Sanitation Supervisor or above has a reasonable belief based upon objective factors that the employee(s) has possession or is using, dispensing or selling any illegal drug or controlled substance not prescribed by a licensed physician. E. Where a management representative with the classification of Sanitation Supervisor or above has a reasonable belief, based upon objective factors, that the employee is under the influence of alcohol on duty. F. Randomly based on a pool of all employees. G. As part of the CDL program as detailed by that current program's requirements. 68 H. Bargaining unit members tested in accordance with this article shall be placed on administrative leave with pay pending the results of the substance/ alcohol test. In the event that the results of the any substance/alcohol test are positive, the bargaining unit member shall no longer be eligible for administrative leave with pay and shall be subject to discipline/discharge in accordance with section 37.18 below. 37.2. All positive tests for a controlled substance will be confnuned by Gas Chromatography/Mass Spectrometry (G.C.M.S.) or better testing. When a sample is taken under any of the above circumstances, a portion of the initial sample shall be retained for a second test should either management or the employee request same. Testing procedures shall be performed at a reliable state licensed clinical laboratory. 37.3. Employees shall give a urine sample (EBT for testing alcohol content) at either a hospital or State accredited testing lab as chosen by the City. Tests by a laboratory other than a laboratory selected by the City, as provided in this article shall not be permitted as evidence in any arbitration or civil service hearing. 37.4. Management will notify the Union either by telephone, facsimile, or email prior to an employee being tested. 37.5. If a drug tested employee wishes a second testing of the original sample taken, the following procedures will apply: A. The employee has twenty-four (24) hours after he or she or the Union is notified of a positive drug test to request a second test of the remainder of the original sample. Said right for the second test shall expire after twenty-four (24) hours. B. The second drug test will be performed at the same laboratory on the remainder of the original sample. C. NADA rules and regulations with the exception of the levels provided for in this Agreement will apply to the tests conducted. D. All costs arising out of the request for the second test will be paid by the employee 69 requesting same if second test comes back positive. Such payment if necessary may be deducted from an employee's paycheck. 37.6. If an employee is ordered back to duty for testing, the provisions of Article 21 Overtime/Compensatory Time/Call- Back will apply. 37.7. Where a bargaining unit member alleges that an order made under this Article is not consistent with the criteria cited herein, he/she shall comply with the order, and may simultaneously file a protest with the communicator of the order. Refusal to submit to a request for an alcohol or drug test under this Article shall be grounds for dismissal. Disputes arising out of such orders that results in discipline shall be arbitrable under the Grievance Procedure of this Agreement. 37.8. The employee(s) shall not be disciplined until a positive test result is communicated to the City. However, if the employee's conduct in connection with the substance/alcohol abuse amounts to conduct for which the City may otherwise discipline the employee, the City may take action prior to learning of the test results. 37.9. Once the Department has determined that an employee is to be tested, the employee will be placed on administrative leave with pay until such time the employee returns to work after random substance testing as provided below, is returned to work as a result of a negative test, enters rehabilitation as provided herein, or is disciplined or discharged. Employees selected for random substance testing shall give a sample as set forth in 37.3, and shall then return to work for the remainder of their shift unless otherwise instructed by the City. 37.10. The Union will be advised of passed or failed tests to the extent that the releasing of such data is consistent with Federal or State laws, if the individual involved wants his test results released to the Union. 70 REHABILITATION 37.11. In the event that the results of any substance/alcohol test are positive, the following criteria will apply: A. The employee at his/her own cost shall, within seventy-two (72) hours of the positive test notification, excluding weekends and holidays, enter and remain in a substance/alcohol program approved by the City and the Union until the approved program administrator is able to state that the employee has successfully completed the program. If the employee fails to enter the approved substance/alcohol program within seventy-two (72) hours, the employee will be terminated. While in the program, the employee will be allowed to return to work if the program administrator approves; if not, the employee may continue using compensatory leave, vacation time, and sick leave time until the program administrator approves the employee's return to work. Once the compensatory leave, vacation time, and sick leave time are exhausted, the employee will be carried Authorized Leave Without Pay and will not be eligible to receive donated time from other employees regarding absences due to rehabilitation pursuant to this section. Employees shall not be permitted to work in drivers' positions until the employee has successfully completed the program. If the employee fails to complete the program, he or she will be dismissed. If the employee is rehabilitated, as determined by the program administrator, the employee shall be allowed to return to work. B. If relieved of duty, the employee will use all of his/her compensatory leave, vacation time, and sick leave time. Once the compensatory leave, vacation time, and sick leave time are exhausted, the employee will be carried Authorized Leave without pay. C. If the employee fails to enter, participate in and/or successfully complete the program, including any aftercare program, the employee shall be terminated from his/her employment with the City. 71 D. Employees who successfully complete the program and are cleared to return to work by program administrator, shall be subject to random drug/alcohol screenings by the City for a period of two (2) years from the date the employee returns to work. 37.12. The Omnibus Transportation Employee Testing Act (OTETA) of 1991 shall apply to all bargaining unit employees who fall within the definition of covered employees as described within the Act. The provisions of this Article shall be followed to the extent they do not violate the Act. 37.13. The testing laboratory shall be licensed by the State of Florida as a clinical laboratory specializing in the analysis of body fluids for drugs and alcohol. 37.14. Said laboratory must have a licensed clinical laboratory director currently licensed by the State of Florida. Further, technical staff must be licensed by the State and said personnel shall include a licensed supervisor. 37.15. The State of Florida inspects such toxicology labs and the lab utilized must have a track record of having passed and continue to pass the inspections as required by the State of Florida. 37.16. Participation in the College of American Pathologists Proficiency Testing Program is a desirable qualification of the testing laboratory. Said lab licensed directors should have experience in spectroscopy toxicology and drug analysis. Such experience should be supplemented by formal education and appropriate lab work for a minimum of 10 years. 37.17. For CDL License Operators, all EBT's (Evidential Breath Test) with an alcohol content level of 0.04 or greater shall be considered a positive test result. Non-CDL License Operators' EBT's (Evidential Breath Test) with an alcohol content level of 0.08 or greater shall be considered a positive test result. DISCIPLINED OR DISCHARGED 37.18. In the event that the results of any substance/alcohol test are positive, the following progressive discipline will apply: A. First Offense: Ten (10) days suspension and mandatory rehabilitation. B. Second Offence: Dismissal. 72 C. A driver that is determined to be at fault as a result of the City's investigation or the Accident Review Board for damaging private or public property is subject to progressive discipline pursuant to Article 16 of the Disciplinary Procedure. 37.19. An employee who is terminated for failure to meet the requirements of rehabilitation as described herein, who tests positive for a second offense for controlled substance or alcohol during or after the rehabilitation period shall have no appeal rights through Civil Service, the grievance procedure or any other forum. INITIAL TESTS - URINE 37.20. The initial testing shall use an immunoassay method which meets the requirements of the Food and Drug Administration for commercial distribution. 37.21. The following cutoff concentrations shall be applicable to determine whether specimens are negative or positive for the following drugs or classes of drugs utilizing the initial test procedure: Initial Test Level (ng/ml) Cannabis (Marijuana) Metabolites 50 Cocaine Metabolites 300 Opiates -Metabolites Morphine 2000 Codeine 2000 6-Acetylmorphine (Test when the morphine concentration is greater than or equal to 2000 ng/ml) Phencyclidine 25 Barbiturates 300 Benzodiazepine 300 Amphetamines Amphetamine 1000 Methamphetamine 1000 Methaqualone 300 Methylene dioxymethamphetamine (MDMA) (Ecstasy) 500 Methylenedioxyamphetamine (MDA/Ice) 500 Flunitrazepam (Rohnyol) (Roofies) 300 Designer Drugs: Unless specified with cutoff concentration levels, will be determined by the Agency for Health Care Administrations (AHCA) if standards exists, or industry standards if no existing AHCA standards. 73 CONFIRMATORY TEST - URINE 37.22. All specimens identified as positive by the initial test shall be confirmed using gas chromatography/mass spectrometry (GCS/MS) techniques. GCS/MS confirmation procedures at the following cutoff concentration shall be used for the following drug: Confirmatory Test Level (ng/ml) Cannabis (Marijuana) Metabolite 20 37.23. For all other drugs listed below, the confiiuuatory test shall detect the confirmed presence of the substance. The laboratory must be prepared to provide evidence from its quality control program to prove its capability of detecting such substances. Confirmatory Test Level (ng/ml) Cocaine Metabolites Opiates Metabolites Morphine Codeine 6-Acetylmorphine (Test when the morphine concentration is greater than or equal to 2000 ng/ml 150 2000 2000 10 Phencyclidine 25 Amphetamines: Amphetamine 500 Methamphetamine 500 Barbiturates 250 Benzodiazepine 250 Methaqualone 150 Methylenedioxymethamphetamine (MDMA) (Ecstasy) 500 Methylenedioxyamphetamine (MDA/Ice) Flunitrazepam (Rohnyol) (Roofies) 500 300 These concentrations are subject to revision with changes in convention or technology. The laboratory must be able to document its performance at the cutoff level by the use of quality control, both open and blind. 74 37.24. Proper chain of custody controls shall always be enforced during drug/alcohol testing. Authorized technicians shall sign the chain of custody form and be responsible for each urine specimen to be tested. The laboratory shall include sufficient safeguards to ensure that unauthorized personnel are prevented from gaining access to the laboratory. 75 Article 38 PREVAILING BENEFITS 38.1. Job benefits heretofore authorized by the City Manager continuously enjoyed by all employees covered by this Agreement, and not specifically provided for or abridged by this Agreement, shall continue upon the conditions by which they had been previously granted. Nothing in this Agreement is intended to change any local, state or federal laws, ordinances or regulations. 38.2. Provided, however, nothing in this Agreement shall obligate the City to continue practices or methods which are unsafe, obsolete, inefficient or uneconomical. 38.3. If the City desires to change such job benefits, the matter shall be negotiated between the City and the Union in accordance with Chapter 447, part 2, Florida Statute. 38.4 The City's failure to exercise any of its rights under this Agreement, the Civil Service Rules and/or any City administrative polices (and/or department policies), shall not be deemed a waiver of the City's said rights, and therefore, shall not be deemed to be a Prevailing Benefit under this Section 38. 76 Article 39 ENTIRE AGREEMENT 39.1. This Agreement, upon ratification, constitutes the complete and entire Agreement between the parties, and concludes collective bargaining for its term. 39.2. The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the City and the Union for the duration of this Agreement, each voluntarily and unqualifiedly waives the right and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to, or covered, in this Agreement, or with respect to any subject or matter not specifically referred to, or covered, in this Agreement, even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated, or signed this Agreement. 39.3. Such Agreement precludes the initiation by the Union of any municipal legislation which would result in the alteration or cost increase of the benefits agreed to in this Collective Bargaining Agreement or to increase the cost of other employee benefits not specifically provided for in this Collective Bargaining Agreement. 77 Article 40 PROVISIONS IN CONFLICT WITH LAW 40.1. If this Agreement or any provision, section, subsection, sentence, clause, phrase, or word of this Agreement, is in conflict with any existing State or Federal law, or future State or Federal law; or with any existing City ordinance; or with any interpretation of this Agreement made by a court of competent jurisdiction, that portion of this Agreement in conflict with said law or ordinance or resolution, or court interpretation of law, shall be null and void; but the remainder of the Agreement shall remain in full force and effect with it being presumed that the intent of the parties herein was to enter into the Agreement without such invalid portion or portions. The parties agree that this Agreement takes precedence over any conflicting Civil Service Rules. 40.2. Notwithstanding any other provisions of this Agreement, the employer may take all actions necessary to comply with the Americans with Disabilities Act. 78 Article 41 TUITION REIMBURSEMENT 41.1. The Educational Reimbursement Program will encourage City employees to improve job performance and increase career mobility with the City by pursuing courses of study at certified educational institutions. The policy governing the educational reimbursement program is intended to be flexible, with broad discretion for approval reserved to the Department Director or designee and the City Manager or designee so as to insure increasing on-the-job effectiveness of City employees. The educational reimbursement program shall not be subject to budgetary constraints. 41.2. Any full-time, permanent City employee shall be eligible to participate in the Educational Reimbursement Program, so long as the member has complied with the City's administrative prerequisites for participation in the program 41.3. All course work must be taken at or from an accredited college, university or educational institution approved by the City Manager or designee. Class attendance will be on the employee's own time unless otherwise noted in the course announcement and authorized by the City Manager or designee. 41.4. Reimbursement will be limited to books, lab fees, and tuition costs up to a maximum of $7,000 per calendar year. 41.5 To be eligible for reimbursement, the employee must successfully complete the course work and provide evidence of successful completion to the City. Successful completion must be evidenced by a grade of "C" or better. 41.6. Procedures for reimbursement will be as follows: A. The employee must complete the Application for Tuition Reimbursement form for each course provided by the Human Resources Department. B. The employee must complete the application in triplicate and submit it to his department director prior to commencement of course work. C. The Department Director or designee will then review the application and if approved forward the original and one copy to the Human Resources Department. If the application is disapproved, it is then returned to the employee by the Department Director or designee. 79 D. The Human Resources Department has the authority to approve or disapprove the application, and applications not approved will be returned to the employee, with notification to the Department Director with the reason for rejection noted thereon. 41.7 In the event the employee resigns or is terminated from the City within one (1) year following completion of the course(s) for which City funds have been expended, the amount of educational reimbursement paid to the employee will be reimbursed to the City by the employee upon teimination from the City through a deduction from his final paycheck and/or leave balance accounts. 41.8. Within fifteen (15) business days of successful completion of the course work, the employee must submit his/her final grade report together with the book, lab and tuition fee receipts to his/her Department Director. The Department Director or designee will submit the approved application for educational reimbursement along with the employee's final grade report and tuition fee receipt to the Human Resources Department who shall review and determine the amount eligible for reimbursement. The Human Resources Department will then forward the determination to the Finance Department, who shall reimburse the employee for the City's share of the tuition reimbursement, in accordance with the determination of the Human Resources Department. 80 Article 42 PENSION 42.1 The Parties agree that for the term of this Agreement the pension benefits and employee contributions of employees covered by this Agreement shall be as provided in the City of Miami General Employees' and Sanitation Employees' Retirement Trust, Section 40-241 through 40-290, Miami City Code ("GESE") ("Pension Plan"), as amended, except as follows. 42.2 Effective upon ratification, member retirement allowance shall not exceed the lesser of 100% of the member's average fmal compensation or an annual allowance of $120,000 as of retirement. Effective October 1, 2022, member retirement allowance shall not exceed the lesser of 100% of the member's average final compensation or $100,000 as of retirement. 42.3 The service retirement benefit for employees hired prior to October 1, 2010, shall be equal to three percent (3%) of the member's highest one year of compensation multiplied by the number of years of creditable service. The service retirement benefit shall be based on a member's total creditable service and the benefit multiplier set forth in this provision (not the benefit multiplier in effect at the time the service is earned), multiplied by average final compensation in effect at the time of retirement or separation from employment. 42.4 Upon retirement, bargaining unit member shall receive a retroactive salary increase of five percent (5%) for the bargaining unit member's highest one (1) year's salary. The five percent (5%) salary increase shall be reflected in the hourly pay rate for the purpose of calculating leave balance payoffs. The five percent (5%) salary increase shall not be applicable to overtime. 42.5 For employees hired prior to October 1, 2010, effective September 30, 2020, a member who separates from employment with ten or more years of service shall be considered eligible for a service retirement upon attaining the earliest of the following: (a) age 55 with ten years of creditable service, or (b) the completion of a combination of years of creditable service plus attained age equaling 70 points. 42.6 Effective September 19, 2022, the maximum period of participation in the DROP shall be 84 months. The backdrop option shall not replace the drop program. All bargaining unit employees who 81 attain normal retirement eligibility shall be eligible for the forward drop as mended, and any bargaining unit employees who choose not to enter the forward drop shall be eligible for the backdrop. 82 Article 43 MEMORANDUM OF UNDERSTANDINGS 43.1. During the term of this Agreement, the Parties may mutually agree to enter into Memorandums of Understanding ("MOUs") that do not change the terms and conditions of employment and only interpret or apply existing provisions of this Agreement. To be effective, such MOUs must be in writing and signed by the Union President and City Manager. Any MOU that changes terms or conditions of employment shall be subject to the collective bargaining process under Florida Statutes, Chapter 447, Part II, before becoming effective. The Parties agree to a sunset provision that begins at the ratification of this Agreement wherein any MOU that is not included as a specific attachment to this Agreement shall be deemed null and void. MOUs grievance settlements and other agreements, etc. between the City and the Union executed on behalf of the City by any person other than the City Manager or designee prior to the date of the ratification of this Agreement are hereby deemed null and void. 83 Article 44 ACCIDENT PREVENTION COMMITTEE 44.1. All vehicular accidents involving a City vehicle will be reviewed at least once every ninety (90) days by the Accident Prevention Committee. The Accident Prevention Committee is comprised of the following five (5) committee members: Solid Waste Director or designee, the City's Safety Officer or Risk Management Director, Solid Waste Safety Officer, the Union President, and another Union member. The Accident Prevention Committee shall develop objective standards and criteria for determining how an accident could have been prevented. 44.2. Following review of the accident, the Accident Prevention Committee shall, by majority vote, determine whether the accident was preventable, non -preventable, or operational based on the facts, and make a non -binding recommendation as to what remedial training and/or corrective measures may be taken with regard to the driver of the vehicle involved in the accident. Such non -binding recommendations shall be forwarded to the Solid Waste Director but shall not be admissible evidence in any arbitration proceeding. If the Solid Waste Director or designee concludes that the accident was preventable and will result in disciplinary action, then the decision may be grieved in accordance with Article 7, Grievance Procedure. Nothing in this Section shall constitute a condition precedent to the Solid Waste Director's ability to discipline any employee. The Solid Waste Director's failure to follow the non -binding recommendation of the Accident Review Committee shall not be subject to the Grievance procedures. 84 Article 45 SENIORITY 45.1 Seniority, for the purposes of this article is defined as the time in the employee's classification as a permanent bargaining union employe of AFSCME Local 871. 45.2 Seniority shall be a factor in promotions, and in the assignment of days off within various divisions within Solid Waste. Seniority shall be the determining factor in shift assignments and overtime (which shall be done rotationally). 45.3 On an annual basis all bargaining unit employees shall, by seniority, select their respective assigned route within any division where their current classification is utilized. The bidding on assignments shall be done once a year in November. 85 Article 46 TERM OF AGREEMENT 46.1. After a majority vote of those bargaining unit employees voting on the question of ratification and thereafter upon its ratification by an official resolution of the City Commission ratifying the Agreement and authorizing the City Manager to sign the Agreement on behalf of the City, unless otherwise agreed to by the Parties, then the Agreement, upon being signed by the appropriate Union representatives and the City Manager, shall become effective upon ratification, except as otherwise provided in this Agreement. The Agreement shall continue in full force and effect until 11:59 p.m., September 30, 2026. 46.2. On or before April 1, 2026, the Union shall notify the City in writing of its intention to renegotiate the Agreement in force, and attached thereto shall include a list of proposals which shall inform the City of the items which they desire to negotiate. 46.3. On or about May 1, 2026, the Parties shall present each other with a list of proposals it desires to negotiate, together with the specific language describing its proposals. 46.4. Initial discussions shall thereafter, and no later than June 1, 2026, be entered into by the City and the Union. 86 AGREED to this day of 2023 and between the respective parties through an authorized representative or representatives, of the Union and by the City Manager. AFSCME, Local 871 ATTEST: ATTEST: 87 ON THE ' T OF THE CITY OF MIAMI I, FLORI 1 A APPROVED AS TO FORM AND CO' CTNESS CI UV �' Y ATTOI E 'J CLASS CODE NUMBER APPENDIX A CLASS TITLE SALARY RANGE NUMBER 3017 Waste Collector/Garbage 19.S871 3020 Waste Collector/Trash 19.S871 3018 Waste Collector II 20.S871 3108 Waste Collector Operator I 20.S871 3448 Sanitation Shop Maintenance Worker 21.S871 3109 Waste Collector Operator II 21.S871 3110 Waste Equipment Operator 22.S871 88 APPENDIX B VACATION ACCRUAL BY ANNUAL HOURS ACCRUAL CODE Years Served Januarys Crossed 48;521Hours Fire 40 Hours (EC-10)(EC-17) (EC-10) Police s e (EC-01) General (EL-27) Support Staff (EC-29) Professional (EC-40) Special Prorated 160 (EC-44) Executiv. 0 1 Prorated Prorated Prorated -cI Prorated Prorated Prorated Prom•: 1 2 140 96 94 94 88 104 1d. 2 3 140 96 94 94 96 112 168 168 3 4 140 96 94 94 96 120 176 176 4 5 140 96 94 94 104 128 184 184 5 6 140 96 94 94 112 136 192 192 6 7 150 104 134 114 152 200 200 7 8 160 112 134 114 152 208 208 8 9 170 120 134 114 160 216 2- 9 10 180 128 134 114 168 224 10 11 190 136 134 114 144 176 232 12 11 12 195 140 154 134 1= 184 240 240 12 13 200 144 154 134 152 192 240 "40 13 14 205 148 154 134 156 200 240 1-, 14 15 210 152 154 134 208 240 15 16 215 156 154 134 216 24- « 16 17 220 160 174 174 1 216 24. 240 17 18 225 164 174 174 1 216 240 24: 18 19 230 168 174 174 17, 216 2 ` 24t, 19 20 235 172 174 174 180 216 to 240 20 21 240 176 174 174 184 216 240 240 21 22 245 180 194 174 188 216 240 240 22 23 250 184 194 174 19? 216 240 240 23 24 255 188 194 174 1'< 216 240 240 24 25 260 192 194 174 211' 216 240 40 25 26 265 196 194 174 ? 216 240 _40 26 27 270 200 214 174 216 240 240 27 28 275 204 214 174 d,s 216 240 240 28 29 280 208 214 174 ?04 216 240 240 29 30 285 212 214 174 4 216 240 240 30 31 290 216 214 174 2u4 216 240 240 31 32 290 220 214 174 ?04 216 240 240 32 33 290 224 214 174 4 216 240 240 Rev. 10/16 LBR 89 APPENDIX C 1r 2023 5871 lr lr 1yr lr 1r lr lr 2r 2r 2r 2r 2r 2r 2r 2r 2r 5.00% 5.00% 5.00% 5.00% 5.00% 5.00% 5.00% 5.00% 5.00% 5.00% 5.00% 5.00% 5.00% 5.00% 5.00% 19.5171 17.4292 18.3007 19.2157 20.1765 21.1853 22.2446 23.3568 24.5246 25.7508 27.0363 28.3902 29.8097 31.3002 32.1652 34.5085 36.2339 20.5171 191721 20.1107 21.1372 22.1941 23.3038 24.4690 25.6925 26.9771 28.3260 29.7423 31.2294 32.7909 34.4304 36.1519 37.9595 39.8575 215871 21.0893 22.1438 23.2510 24.4136 25.6343 26.9160 28.2618 29.6749 31.1586 32.7165 343523 36.0699 37.8734 39.7671 41.7555 43.8433 22.9171 23.1982 24.3581 25.5760 26.8548 281975 29.6074 31.0878 32.6422 341743 35.9880 37.7874 39.6768 41.6606 43.7436 45.9308 48.2273 5871 lyr 1yr 1yr 1yr 1yr 1r lyr 2r 2yr 2r 2r 2r 2r 2r 2r 2r 50016 5.00% 5.00% S.00% 5.00% 5.00% 5.0011 5.00% 5A0% 5.00% 5.00% 5.00% 50016 5.00% 5.00% 1 19.5871 18.6492 19.911 20.5608 21.5888 22.6682 23.8016 24.9917 16.2413 27.5634 21.9311 30.3777 11.8966 31.4914 15.1660 16.1243 31/705 ! 205671 20.5141 215318 22.6168 23.1476 24.9350 261618 27A909 218654 30.1017 319241 334151 35.0161 36.6404 318/24 40.6165 42.6471 21.5171 22.6666 22.819 24.1786 26.1125 27.4716 218000 30.2400 31.7510 33.3316 351064 367569 31.5947 40.5244 423506 44.6781 469120 i 21.1871 24.1221 260632 27.3664 217347 10.1714 31.6100 331640 34.9272 366736 31.5071 40.4127 42.4141 44.5/70 468081 49.1462 51.6035 10,/1/2025 58/1 lr lr lr lr lr lr lr 2r 2r 2r 2r 2r 2r 2r 2r 2r SAO% 5.0036 5.001 58036 5.00% 10011 5.00% 5.00% 5.0011 5.0036 S.0011 5.006 5.0036 5210% 5.0096 19.5871 19.581/ 20.5601 21.51111 22.6612 23.1016 24.9917 261413 27.5514 219311 30.1777 31.8966 13.4914 35.1660 36.9243 38.7705 407080 20.5871 21.1196 224168 13.7476 24.9360 26.1111 2/.4909 191664 10.308/ 31.6241 334153 35.0861 36.1404 31.6814 404165 42.6473 447797 21.1171 21.6939 2417/6 361226 27.4216 218000 30.2400 31.7520 13.1396 15.0066 36.7569 16.5947 40.5244 42.5506 444711 46.9110 49.25/6 ' 225171 16.0611 17.1664 21.7347 30.1714 31.6800 31.2640 349272 36.6736 115073 404327 42.4543 44.5770 46.8059 49.1462 51.6035 54.183/ 90 INDEX ARTICLE PAGE AGREEMENT 4 APPENDIX A 88 APPENDIX B 89 APPENDIX C 90 ABSENTEEISM & TARDINESS 17 31 ATTENDANCE AT MEETINGS/EMPLOYEE UNION TIME POOL 9 19 ACCIDENT PREVENTION COMMITTEE 44 84 BLOOD DONORS 32 61 BULLETIN BOARDS 13 26 BEREAVEMENT -DEATH IN FAMILY 31 60 DISCIPLINARY PROCEDURES 16 29 DUES CHECK OFF 6 12 ENTIRE AGREEMENT 39 77 FAMILY LEAVE AND LEAVE WITHOUT PAY 34 63 GRIEVANCE PROCEDURE 7 13 GROUP INSURANCE 27 50 HOLIDAYS 28 55 INCARCERATED EMPLOYEES 35 65 JURY DUTY 33 62 LABOR/MANAGEMENT COMMITTEE 11 23 LAYOFF AND RECALL 19 34 LINE OF DUTY INJURIES 25 45 LOSS OF EMPLOYMENT 18 33 MANAGEMENT RIGHTS 4 10 MEMORANDUM OF UNDERSTANDINGS 43 83 NO DISCRIMINATION 14 27 NO STRIKE 5 11 NOTICES 8 18 OVERTIME/COMPENSATORY TIME/CALL-BACK 21 37 PENSION 42 81 PREAMBLE 5 PREVAILING BENEFITS 38 76 PROBATIONARY PERIOD 15 28 PROVISIONS IN CONFLICT WITH LAW 40 78 RECOGNITION 1 6 REPRESENTATION OF THE CITY 2 7 REPRESENTATION OF THE UNION 3 8 RESERVED 29 57 SAFE DRIVING 12 24 SHIFT DIFFERENTIAL 23 41 SICK LEAVE 30 58 SPECIAL MEETINGS 10 22 SUBSTANCE/ALCOHOL - PERSONNEL SCREENING 37 68 SENIORITY 45 85 TERM OF AGREEMENT 46 86 TUITION REMIBURSEMENT 41 79 UNIFORMS, SHOES, EQUIPMENT 24 42 VACATION 22 39 91 WAGES 20 35 WORK INCENTIVE PLAN 36 66 WORKING OUT OF CLASSIFICATION 26 48 92 als5�